[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Rules and Regulations]
[Pages 48948-48949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24727]


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FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1404


Expedited Arbitration

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Final rule.

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SUMMARY: This addition to the arbitration regulations is intended to 
create a new service know as ``expedited arbitration.'' This service 
will provide a streamlined arbitration process for non-precedential and 
non-complex grievance arbitration cases while encouraging the parties 
to select new arbitrators in order to enhance their career development. 
This new service is the result of specific recommendations of the 
Arbitration Focus Group by FMCS on March 27, 1997.

EFFECTIVE DATE: This regulation is effective October 1, 1997.

FOR FURTHER INFORMATION CONTACT:
Peter Regner, 202-606-8181.

SUPPLEMENTARY INFORMATION: The Federal Mediation and Conciliation 
Service, in an effort to receive public input on its proposed new 
service of expedited arbitration, published the draft version of its 
proposed rule in the June 30, 1997 issue of the Federal Register (62 FR 
35112). Nine arbitrators responded in writing to the proposed rule. In 
general, all individuals supported the new service. Almost all of them, 
however, objected to limiting eligibility to deliver this service to 
those arbitrators listed on the FMCS Roster of Arbitrators for five (5) 
years or less. More specific information about the public response is 
contained in the following section-by-section analysis.

Subpart D--Expedited Arbitration

Section 1404.17  Policy

    The first section was further clarified by adding the ``unique'' 
issues would also be inappropriate for expedited arbitration, as would 
complex or precedential issues.

Section 1404.18  Procedures for Requesting Expedited Panels

    Subsection (d). The procedures for requesting expedited arbitrators 
were modified slightly by allowing the parties to select a second 
arbitrator from the panel submitted to them in the event their first 
choice was not available to serve. This was in response to one comment 
opposing a direct appointment by FMCS in the event the original 
arbitrator selected by the parties was not able to serve. The parties 
now have an additional option.

[[Page 48949]]

Section 1404.19  Arbitration Process

    Subsection (c). The language has been clarified to state that 
``post hearing'' will not be allowed. This permits the parties to 
present pre-hearing summaries or briefs of their positions. One comment 
expressed concern that the ``no transcript'' provision of the rule 
might be interpreted to mean that the arbitrator could not tape the 
hearing for his/her own use. This is not the intention of the rule. 
Arbitrators may tape the proceedings, if both parties agree, as a 
supplement to his/her notes.

Section 1404.20  Arbitrator Eligibility

    Eight of the nine individuals submitting comments about the 
proposed rule objected to the policy of having only arbitrators with 
five (5) years or less experience on the FMCS Roster automatically 
placed on the expedited arbitration panels. Some argued fairness, 
others stated that in order to be able to render quick decisions, more 
arbitration experience was required. FMCS has modified its policy to 
that at lease two more senior arbitrators will be listed on every 
expedited panel. Given the number of arbitrators with five (5) years of 
less listing on the Roster, it is possible that many, if not most, 
expedited arbitration panels will contain more than two more senior 
arbitrators. The parties continue to have the right to jointly request 
any special qualifications that they feel necessary.
    The Federal Mediation and Consiliation Service amends 29 CFR part 
1404 as follows:

PART 1404--ARBITRATION SERVICES

    1. The authority citation for part 1404 continues to read as 
follows:

    Authority: 29 U.S.C. 172 and 29 U.S.C. 173 et seq.

    2. By adding Subpart D to read as follows:

Subpart D--Expedited Arbitration

Sec.
1404.17  Policy.
1404.18  Prcedures for requesting expedited panels.
1404.19  Arbitration process.
1404.20  Arbitrator eligibility.
1404.21  Proper use of expedited arbitration.

Subpart D--Expedited Arbitration


Sec. 1404.17  Policy

    In an effort to reduce the time and expense of some grievance 
arbitrators, FMCS is offering expedited procedures that may be 
appropriate in certain non-precedential cases or those that do not 
involve complex or unique issues. Expedited Arbitrator is intended to 
be a mutually agreed upon process whereby arbitrator appointments, 
hearings and awards are acted upon quickly by the parties, FMCS, and 
the arbitrators. The process is streamlined by mandating short 
deadlines and eliminating requirements for transcripts, briefs and 
lengthy opinions.


Sec. 1404.18  Procedures for requesting expedited panels.

    (a) With the excepting of the specific changes noted in this 
Subpart, all FMCS rules and regulations governing its arbitration 
services shall apply to Expedited Arbitration.
    (b) Upon receipt of a joint Request for Arbitration Panel (Form R-
43) indicating that expedited services are desired by both parties, the 
OAS will require a panel of arbitrators.
    (c) A panel of arbitrators submitted by the OAS in expedited cases 
shall be valid for up to 30 days. Only one panel will be submitted per 
case. If the parties are unable to mutually agree upon an arbitrator or 
if prioritized selections are not received from both parties within 30 
days, the OAS will make a direct appointment of an arbitrator not on 
the original panel.
    (d) If the parties mutually select an arbitrator, but the 
arbitrator is not available, the parties may select a second name from 
the same panel or the OAS will make a direct appointment of another 
arbitrator not listed on the original panel.


Sec. 1404.19  Arbitration process.

    (a) Once notified of the expedited case appointment by the OAS, the 
arbitrator must contact the parties within seven (7) calendar days.
    (b) The parties and the arbitrator must attempt to schedule a 
hearing within 30 days of the appointment date.
    (c) Absent mutual agreement, all hearings will be concluded within 
one day. No transcripts of the proceedings will be made and the filing 
of post-hearing briefs will not be allowed.
    (d) All awards must be completed within seven (7) working days from 
the hearing. These awards are expected to be brief, concise, and not 
required extensive written opinion or research time.


Sec. 1404.20  Arbitrator eligibility.

    In an effort to increase exposure for new arbitrators, those 
arbitrators who have been listed on the Roster of Arbitrators for a 
period of five (5) years or less will be automatically placed on 
expedited panels submitted to the parties. However, all panels will 
also contain the names of at least two more senior arbitrators. In 
addition, the parties may jointly request a larger pool of arbitrators 
or a direct appointment of their choice who is listed on the Roster.


Sec. 1404.21  Proper use of expedited arbitration.

    (a) FMCS reserves the right to cease honoring request for Expedited 
Arbitration if a pattern of misuse of this becomes apparent. Misuse may 
be indicated by the parties' frequent delay of the process or referral 
of inappropriate cases.
    (b) Arbitrators who exhibit a pattern of unavailability of 
appointments or who are repeatedly unable to schedule hearings or 
render awards within established deadlines will be considered 
ineligible for appointment for this service.
John Calhoun Wells,
Director.
[FR Doc. 97-24727 Filed 9-17-97; 8:45 am]
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