Proposed Changes to Arbitration Policies, Functions, and Procedures, 39209-39213 [05-13362]
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules
unless required by other Federal
personnel laws or regulations.
(5) Upon receipt of the POC’s report
of the investigation, the VRO shall
determine whether to close the
complaint without further action,
whether further investigation is
warranted, or whether action in
accordance with paragraphs (d) or (e) of
this section is necessary.
(6) Where the VRO concludes that
further investigation is warranted, he
may conduct such further investigation.
Upon conclusion of the investigation,
the VRO may close the complaint if he
determines that no further action is
warranted or may take action under
paragraph (d) or (e) of this section.
(7) The VRO shall be the final arbiter
of the complaint.
(8) A complainant may not seek
judicial review of the VRO’s
determination regarding the complaint.
(9) To the extent permissible in
accordance with the Privacy Act and
other relevant statutes and regulations
regarding release of information by the
Federal Government, the VRO, in his
discretion, may notify the complainant
of the result of the investigation.
(10) The POC and the VRO shall refer
to the Office of the Inspector General
and to the Office of Professional
Responsibility any matters that fall
under those offices’ respective
jurisdictions that come to light in an
investigation.
(d) If the VRO deems it necessary in
response to an investigation, he may
require employees or offices of the
Department of Justice to undergo
training on victims’ rights.
(e) Disciplinary procedures. (1) If,
based on the investigation, the VRO
determines that a Department of Justice
employee has wantonly or willfully
failed to provide the complainant with
a right listed in 18 U.S.C. 3771, the VRO
shall recommend, in conformity with
laws and regulations regarding
employee discipline, a range of
disciplinary sanctions to the head of the
office of the Department of Justice in
which the employee is located, or to the
official who has been designated by
Department of Justice regulations and
procedures to take action on
disciplinary matters for that office. The
head of that office of the Department of
Justice, or the other official designated
by Department of Justice regulations and
procedures to take action on
disciplinary matters for that office, shall
be the final decision-maker regarding
the disciplinary sanction to be imposed,
in accordance with applicable laws and
regulations.
(2) Disciplinary sanctions available
under paragraph (e)(1) of this section
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include all sanctions provided under
the Department of Justice Human
Resources Order, 1200.1, part 3, chapter
1.
Dated: June 30, 2005.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 05–13322 Filed 7–6–05; 8:45 am]
BILLING CODE 4410–19–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
29 CFR Part 1404
Proposed Changes to Arbitration
Policies, Functions, and Procedures
Federal Mediation and
Conciliation Service.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Federal Mediation and
Conciliation Service (FMCS) is
proposing to amend 29 CFR part 1404,
Arbitration Services. The amendments
are intended to set forth the criteria and
procedures for listing on the arbitration
roster, removal from the arbitration
roster, and expedited arbitration
processing. Other changes include how
parties may request arbitration lists or
panels and fees associated with the
arbitrators. The purpose of these
changes is to facilitate the management
and administration of the arbitration
roster. FMCS is soliciting comments on
the proposed changes described below.
DATES: Written comments must be
submitted to the office listed in the
address section below on or before
August 8, 2005.
ADDRESSES: Submit comments to the
Maria A. Fried, General Counsel,
Federal Mediation and Conciliation
Service, 2100 K Street, NW.,
Washington, DC 20427. Comments may
be submitted also by fax at (202) 606–
5345 or electronic mail (e-mail) to
mfried@fmcs.gov. All comments and
data in electronic form must be
identified by the appropriate agency
form number.
FOR FURTHER INFORMATION CONTACT:
Maria A. Fried, General Counsel and
Federal Register Liaison, FMCS, 2100 K
Street, NW., Washington, DC 20427.
Telephone (202) 606–5444, FAX (202)
606–5345.
SUPPLEMENTARY INFORMATION: FMCS
proposes to amend 29 CFR part 1404.
The original regulation was issued in
June 1997. The amendments set forth
procedures for the listing and removal
of arbitrators from the arbitration roster
maintained by FMCS, procedures for
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39209
requesting arbitration lists and panels,
and the nomination of arbitrators.
Pursuant to 29 U.S.C. 171(b) and 29
CFR part 1404, FMCS offers panels of
arbitrators for selection by labor and
management to resolve grievances and
disagreements arising under their
collective bargaining agreements and to
deal with the fact finding and interest
arbitration issues as well.
Title II of the Labor Management
Relations Act of 1947 (Pub. L. 90–101)
as amended in 1959 (Pub. L. 86–257)
and 1974 (Pub. L. 93–360), states that it
is the labor policy of the United States
that ‘‘the settlement of issues between
employers and employees through
collective bargaining may be advanced
by making available full and adequate
governmental facilities for conciliation,
mediation, and voluntary arbitration to
encourage employers and
representatives of their employees to
reach and maintain agreements
concerning rates of pay, hours, and
working conditions, and to make all
reasonable efforts to settle their
differences by mutual agreement
reached through conferences and
collective bargaining or by such
methods as may be provided for in any
applicable agreement for the settlement
of disputes.’’ Under its regulations at 29
CFR part 1404, FMCS has established
policies and procedures for its
arbitration function dealing with all
arbitrators listed on the FMCS Roster of
Arbitrators, all applicants for listing on
the Roster, and all person or parties
seeking to obtain from FMCS either
names or panels of names of arbitrators
listed on the Roster in connection with
disputes which are to be submitted to
arbitration or fact-finding. FMCS strives
to maintain the highest quality of
dispute resolution experts on its roster.
FMCS now proposes to amend 29 CFR
part 1404 to update its procedures and
facilitate the maintenance and
administration of its arbitration roster.
Access to Information in Comments
Information submitted as a comment
concerning this document may be
claimed confidential by marking any
part or all of the information as ‘‘CBI.’’
Information so marked will not be
disclosed but a copy of the comment
that does contain CBI must be submitted
for inclusion in the public record. FMCS
may disclose information not marked
confidential without prior notice. All
written comments will be available for
inspection in Room 704 at the
Washington, DC address above from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
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Electronic Access and Filing
PART 1404—ARBITRATION SERVICES
All comments and data in electronic
form must be identified by the
appropriate agency form number. No
confidential business information (CBI)
should be submitted through e-mail.
Subpart A—Arbitration Policy:
Administration of Roster
Authority: 29 U.S.C. 172 and 29 U.S.C. 173
et. seq.
Regulatory Flexibility Act
The Director, in accordance with the
Regulatory Flexibility Act (5 U.S.C.
606(b)), has reviewed this regulation
and by approving it certifies that this
regulation will not have a significant
economic impact on a substantial
number of small entities. The fees
assessed by FMCS for requests for
panels are nominal and should not
cause any significant economic effect on
small entities which may request
arbitration panels.
Executive Order 12866
This regulation has been deemed
significant under Section 3(f)(3) of E.O.
12866 and as such has been submitted
to and reviewed by the Office of
Management and Budget.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
companies to compete with Foreign
based companies in domestic and
export markets.
List of Subjects in 29 CFR Part 1404
Administrative practice and
procedure, Labor management relations.
For the reasons stated in the
preamble, the Federal Mediation and
Conciliation Service proposes to amend
29 CFR Part 1404 as follows:
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1. The authority citation for part 1404
continues to read as follows:
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2. In § 1404.3, paragraph (c)(1)(iv) is
revised and (v) is added to read as
follows:
§ 1404.3
Administrative responsibilities.
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(c) Arbitrator Review Board. The
Arbitrator Review Board (Board) shall
consist of a chairperson and members
appointed by the Director who shall
serve at the Director’s pleasure.
(1) Duties of the Board. The Board
shall:
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(iv) At the request of the Director of
FMCS, or upon its own volition, review
arbitration policies and procedures,
including all regulations and written
guidance regarding the use of the FMCS
arbitrators, and make recommendations
regarding such policies and procedures
to the Director; and
(v) Review the qualifications of all
persons who request a review in
anticipation of attending the FMCSsponsored labor arbitrator training
course, interpreting and applying the
criteria set forth in § 1404.5.
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Subpart B—Roster of Arbitrators:
Admission and Retention
3. In § 1404.4, paragraphs (b) and (e)
are revised to read as follows:
§ 1404.4
Roster and status of members.
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(b) Adherence of Standards and
Requirements. Persons listed on the
Roster shall comply with FMCS rules
and regulations pertaining to arbitration
and with such guidelines and
procedures as may be issued by the OAS
pursuant to Subpart C of this Part.
Arbitrators shall conform to the ethical
standards and procedures set forth in
the Code of Professional Responsibility
for Arbitrators of Labor Management
Disputes, as approved by the National
Academy of Arbitrators, Federal
Mediation and Conciliation Service, and
the American Arbitration Association
(Code).
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(e) Nominations and Panels. On
request of the parties to an agreement to
arbitrate or engage in fact-finding, or
where arbitration or fact-finding may be
provided for by statute, OAS will
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provide names or panels of names for a
fee. Procedures for obtaining these
services are outlined in subpart C of this
part. Neither the submission of a
nomination or panel nor the
appointment of an arbitrator constitutes
a determination by FMCS that an
agreement to arbitrate or enter factfinding proceedings exists; nor does
such action constitute a ruling that the
matter in controversy is arbitrable under
any agreement.
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4. In § 1404.5, the section heading, the
introductory text, paragraphs (a), (b), (c),
(d) introductory text, (d)(5), (d)(6),
(d)(7), (e) and (f) are revised to read as
follows:
§ 1404.5 Listing on the roster, criteria for
listing and removal, procedure for removal.
Persons seeking to be listed on the
Roster must complete and submit an
application form that may be obtained
from OAS. Upon receipt of an executed
application, OAS will review the
application, assure that it is complete,
make such inquiries as are necessary,
and submit the application to the Board.
The Board will review the completed
application under the criteria in
paragraphs (a), (b) and (c) of this
section, and will forward to the FMCS
Director its recommendation as to
whether or not the applicant meets the
criteria for listing on the Roster. The
Director shall make all final decisions as
to whether an applicant may be listed
on the Roster. Each applicant shall be
notified in writing of the Director’s
decision and the reasons therefore.
(a) General Criteria. (1) Applicants
will be listed on the Roster upon a
determination that he or she:
(i) Is experienced, competent and
acceptable in decision-making roles in
the resolution of labor relations
disputes; or
(ii) Has extensive and recent
experience in relevant positions in
collective bargaining; and
(iii) Is capable of conducting an
orderly hearing, can analyze testimony
and exhibits and can prepare clear and
concise findings and awards within
reasonable time limits.
(iv) For applicants who are
governmental employees, the following
criteria shall also apply:
(A) Federal Employees: These
applicants must provide the OAS with
written permission from their employer
to work as an arbitrator. Federal
employees will not be assigned to
panels involving the Federal
Government.
(B) Governmental Employees other
than Federal: These applicants must
provide the OAS with written
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permission from their employer to work
as an arbitrator as well as a statement of
the jurisdiction(s) in which the
applicant is permitted to do this work.
(2) FMCS may identify certain
positions relating to collective
bargaining that will substitute for the
General Criteria. FMCS may also
identify periodic educational
requirements for remaining on the
Roster.
(b) Proof of Qualification. The
qualifications listed in paragraph (a) of
this section are preferably demonstrated
by the submission of five recent
arbitration awards prepared by the
applicant while serving as an impartial
arbitrator of record chosen by the parties
to labor relations disputes arising under
collective bargaining agreements, or the
successful completion of the FMCS
labor arbitrator training course plus
three awards as described above, and
the submission of information
demonstrating extensive and recent
experience in collective bargaining,
including at least the position or title
held, duties or responsibilities, the
name and location of the company or
organization, and the dates of
employment.
(c) Advocacy. Any person who at the
time of application is an advocate as
defined in paragraph (c)(1) of this
section, must agree to cease such
activity before being recommended for
listing on the Roster by the Board.
Except in the case of persons listed on
the Roster as advocates before
November 17, 1976, any person who did
not divulge his or her advocacy at the
time of listing or who becomes an
advocate while listed on the Roster and
who did not request to be placed on
inactive status pursuant to § 1404.6
prior to becoming an advocate, shall be
recommended for removal by the Board
after the fact of advocacy is revealed.
(1) Definition of Advocacy. An
advocate is a person who represents
employers, labor organizations, or
individuals as an employee, attorney, or
consultant, in matters of labor relations
or employment relations, including but
not limited to the subjects of union
representation and recognition matters,
collective bargaining, arbitration, unfair
labor practices, equal employment
opportunity, and other areas generally
recognized as constituting labor or
employment relations. The definition
includes representatives of employers or
employees in individual cases or
controversies involving worker’s
compensation, occupational health or
safety, minimum wage, or other labor
standards matters.
(2) This definition of advocate also
includes a person who is directly or
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indirectly associated with an advocate
in a business or professional
relationship as, for example, partners or
employees of a law firm. Individuals
engaged only in joint education or
training or other non-adversarial
activities will not be deemed as
advocates.
(d) Listing on Roster, Removal. Listing
on the Roster shall be by decision of the
Director of FMCS based upon the
recommendations of the Board or upon
the Director’s own initiative. The Board
may recommend for removal, and the
Director may remove, any person listed
on the Roster, for violation of this Part
and/or the Code. The reasons for
removal include whenever a member of
the Roster:
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(5) Has been the subject of a
complaint by parties who use FMCS
services and the Board, after appropriate
inquiry, concludes that cause for
removal has been shown;
(6) Is determined to be unacceptable
to the parties who use FMCS arbitration
services. Such a determination of
unacceptability may be based on FMCS
records which show the number of
times the arbitrator’s name has been
proposed to the parties and the number
of times he or she has been selected.
Such cases will be reviewed for
extenuating circumstances, such as
length of time on the Roster or prior
history;
(7) Has been in an inactive status
pursuant to § 1404.6 for longer than two
years.
(e) Procedure for Removal. Prior to
any recommendation by the Board to
remove an arbitrator from the Roster, the
Board shall conduct an inquiry into the
facts of any such recommended
removal. When the Board recommends
removal of an arbitrator, it shall send
the arbitrator a written notice. This
notice shall inform the arbitrator of the
Board’s recommendation and the basis
for it, and that he or she has 60 days
from the date of such notice to submit
a written response or information
showing why the arbitrator should not
be removed. When the Director removes
an arbitrator from the Roster, he or she
shall inform the arbitrator of this in
writing, stating the effective date of the
removal and the length of time of the
removal if it is not indefinite. An
arbitrator so removed may seek
reinstatement to the Roster by making
written application to the Director no
earlier than two years after the effective
date of his or her removal.
(f) Suspension. The director of OAS
may suspend for a period not to exceed
180 days any person listed on the Roster
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who has violated any of the criteria in
paragraph (d) of this section. Arbitrators
shall be promptly notified of a
suspension. The arbitrator may appeal a
suspension to the Board, which shall
make a recommendation to the Director
of FMCS. The decision of the Director
of FMCS shall constitute the final action
of the agency.
5. Section 1404.6 is revised to read as
follows:
§ 1404.6
Inactive status.
A member of the Roster who
continues to meet the criteria for listing
on the Roster may request that he or she
be put in an inactive status on a
temporary basis because of ill health,
vacation, schedule, or other reasons. If
the inactive status lasts longer than two
(2) years and the arbitrator has not paid
the annual listing fee, the arbitrator will
then be removed from the Roster.
Subpart C—Procedures for Arbitration
Services
6. In § 1404.9, paragraphs (a), (b), (e)
and (f) are revised and paragraph (h) is
added to read as follows:
§ 1404.9 Procedures for requesting
arbitration lists and panels.
(a) The Office of Arbitration Services
(OAS) has been delegated the
responsibility for administering all
requests for arbitration services.
Requests should be addressed to the
Federal Mediation and Conciliation
Service, Office of Arbitration Services,
2100 K Street, NW., Washington, DC
20427.
(b) The OAS will refer a panel of
arbitrators to the parties upon request.
The parties are encouraged to make joint
requests. In the event, however, that the
request is made by only one party, the
OAS will submit a panel of arbitrators.
However, the issuance of a panel—
pursuant to either joint or unilateral
request—is nothing more than a
response to a request. It does not signify
the adoption of any position by the
FMCS regarding the arbitrability of any
dispute or the terms of the parties’
contract.
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(e) The parties are required to use the
Request for Arbitration Panel (Form R–
43), which has been prepared by the
OAS and is available upon request to
the Federal Mediation and Conciliation
Service, Office of Arbitration Services,
Washington, DC 20427, or by calling
(202) 606–5111. Form R–43 is also
available on the FMCS Internet Web
site, https://www.fmcs.gov. Requests that
do not contain all required information
requested on Form R–43 in typewritten
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form or legible handwriting may be
rejected.
(f) Parties may submit requests for any
standard geographical arbitration panels
electronically by accessing the agency’s
Internet Web site, https://www.fmcs.gov,
and receive panels via e-mail, fax or
mail. Panel requests that contain certain
special requirements may not be
processed via the agency’s internet
system. Parties must provide all
required information and must pay the
cost of such panels using methods of
payment that are accepted by the
agency.
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(h) The OAS will charge a fee for all
requests for lists, panels, and other
major services. Payments for these
services must be received with the
request for services before the service is
delivered and may be paid by either
labor or management or both. A
schedule of fees is listed in the
appendix to this part.
7. In § 1404.11, paragraphs (c)
introductory text, (c)(2) and (d) are
revised to read as follows:
§ 1404.11
Nominations of arbitrators.
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(c) The OAS will provide a randomly
selected panel of arbitrators located in
geographical areas in proximity of the
hearing site. The parties may request
special qualification of arbitrators
experienced in certain issues or
industries or that possess certain
backgrounds. The OAS has no
obligation to put an individual on any
given panel or on a minimum number
of panels in any fixed period. In general:
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(2) If at any time both parties request
that a name or names be included, or
omitted, from a panel, such name or
names will be included, or omitted,
unless the number of names is
excessive. These inclusions/exclusions
may not discriminate against anyone
because of age, race, gender, national
origin, disability, or religion.
(d) If the parties do not agree on an
arbitrator from the first panel, the OAS
will furnish second and third panels to
the parties upon joint request, or upon
a unilateral request if authorized by the
applicable collective bargaining
agreement, and payment of additional
fees. Requests for second or third panels
should be accompanied by a brief
explanation as to why the previous
panel(s) was inadequate. In addition, if
parties are unable to agree on a selection
after having received three panels, the
OAS will make a direct appointment
upon joint request.
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8. In § 1404.12, paragraphs (a) and (c)
introductory text are revised to read as
follows:
§ 1404.12 Selection by parties and
appointments of arbitrators.
(a) After receiving a panel of names,
the parties must notify the OAS of their
selection of an arbitrator or of the
decision not to proceed with arbitration.
Upon notification of the selection of an
arbitrator, the OAS will make a formal
appointment of the arbitrator. The
arbitrator, upon notification of
appointment, shall communicate with
the parties within 14 days to arrange for
preliminary matters, such as the date
and place of hearing. Should an
arbitrator be notified directly by the
parties that he or she has been selected,
the arbitrator must promptly notify the
OAS of the selection and his or her
willingness to serve. If the parties settle
a case prior to the hearing, the parties
must inform the arbitrator as well as the
OAS. Consistent failure to follow these
procedures may lead to a denial of
future OAS service.
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(c) Where the parties’ collective
bargaining agreement is silent on the
manner of selecting arbitrators, the
parties may wish to consider any jointly
determined or one of the following
methods for selection of an arbitrator
from a panel:
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9. In § 1404.14, paragraph (c) is
revised to read as follows:
§ 1404.14
Decision and award.
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(c) Within 15 days after an award has
been submitted to the parties, the
arbitrator shall submit an Arbitrator’s
Report and Fee Statement (Form R–19)
to OAS showing a breakdown of the fee
and expense charges for use in the event
the OAS decides to review conformance
with the basis for the arbitrator’s fees
and expenses as stated in the
biographical sketch.
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10. Section 1404.15 is revised to read
as follows:
§ 1404.15
Fees and charges of arbitrators.
(a) Fees to Parties. Prior to
appointment, the parties should be
aware of all significant aspects of the
bases for an arbitrator’s fees and
expenses. Each arbitrator’s biographical
sketch shall include a statement of the
bases for the arbitrator’s fees and
expenses, which shall conform to this
part and the Code. The parties and the
arbitrator shall be bound by the
arbitrator’s statement of the bases for
fees and expenses in the biographical
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sketch unless they mutually agree
otherwise in writing. Arbitrators listed
on the Roster may change the bases for
their fees and expenses if they provide
them in writing to OAS at least 30 days
in advance.
(b) Dual Addresses. Arbitrators with
dual business addresses must bill the
parties for expenses from the lesser
expensive business address to the
hearing site.
(c) Additional Administrative Fee. In
cases involving unusual amounts of
time and expense relative to the prehearing and post-hearing administration
of a particular case, the arbitrator may
charge an administrative fee. This fee
shall be disclosed to the parties as soon
as it is foreseeable by the arbitrator.
(d) Fee Disputes. The OAS requests
that it be notified of an arbitrator’s
deviation from this Part. While the OAS
does not resolve individual fee disputes,
repeated complaints concerning the fees
charged by an arbitrator will be brought
to the attention of the Board for
consideration. Similarly, complaints by
arbitrators concerning non-payment of
fees by the parties may lead to the
denial of services or other actions by the
OAS.
11. In § 1404.16, paragraph (b) is
revised to read as follows:
§ 1404.16 Reports and biographical
sketches.
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(b) The OAS will provide parties with
biographical sketches for each arbitrator
on the Roster from information supplied
by the arbitrator in conformance with
this section and § 1404.15. The OAS
reserves the right to decide and approve
the format and content of biographical
sketches.
Subpart D—Expedited Arbitration
12. §1404.17 is revised to read as
follows:
§ 1404.17
Policy.
In an effort to reduce the time and
expense of some grievance arbitrations,
FMCS offers expedited procedures that
may be appropriate in certain nonprecedential cases or those that do not
involve complex or unique issues.
Expedited arbitration 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. Mandating short deadlines
and eliminating requirements for
transcripts, briefs and lengthy opinions
streamline the process.
13. In § 1404.18, paragraph (b) is
revised to read as follows:
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§ 1404.18 Procedures for requesting
expedited panels.
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(b) Upon receipt of a joint Request for
Arbitration Panel (Form R–43)
indicating that both parties desire
expedited services, the OAS will refer a
panel of arbitrators.
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§ 1404.20
[Removed]
14. Section 1404.20 is removed.
§ 1404.21
[Redesignated as § 1404.20]
15. Section 1404.21 is redesignated as
§ 1404.20.
Dated: June 27, 2005.
Maria A. Fried,
General Counsel and Federal Register
Contact.
[FR Doc. 05–13362 Filed 7–6–05; 8:45 am]
BILLING CODE 6732–01–M
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AM13
Phase-In of Full Concurrent Receipt of
Military Retired Pay and Veterans
Disability Compensation for Certain
Military Retirees
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) is proposing to amend its
regulations concerning concurrent
receipt of military retired pay and
veterans’ disability compensation. This
proposed rule implements section 641
of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law
108–136). This law permits certain
veterans who are entitled to military
retired pay and are receiving disability
compensation for a service-connected
disability or disabilities rated at 50
percent or higher to receive disability
compensation as well as their military
retired pay. The intended effect of the
proposed regulation is to clearly state
who is eligible for concurrent receipt of
disability compensation and military
retired pay, who must still waive
military retired pay to receive disability
compensation, and how to file such a
waiver.
Comments must be received on
or before September 6, 2005.
ADDRESSES: Written comments may be
submitted by: mail or hand-delivery to
Director, Regulations Management
(00REG1), Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
DATES:
VerDate jul<14>2003
16:01 Jul 06, 2005
Jkt 205001
Room 1068, Washington, DC 20420; fax
to (202) 273–9026; e-mail to
VAregulations@mail.va.gov; or, through
https://www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AM13.’’ All
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 273–9515 for an appointment.
FOR FURTHER INFORMATION CONTACT:
Adrienne Foster, Consultant,
Compensation and Pension Service
(211), Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Ave., NW., Washington, DC
20420, (202) 273–7051.
SUPPLEMENTARY INFORMATION: Section
641 of the National Defense
Authorization Act for Fiscal Year 2004
(the Act), Public Law 108–136, amended
section 1414 of title 10, United States
Code. Section 641 permits certain
veterans who are eligible for military
retired pay and for veterans’ disability
compensation for a single serviceconnected disability rated at 50 percent
or higher, or a combination of serviceconnected disabilities rated 50 percent
or higher, to receive concurrent
payment of both military retired pay
and disability compensation. Public
Law 108–136 establishes a phase-in
period from January 1, 2004, to
December 31, 2013, during which the
monthly amount of military retired pay
payable to a qualified retiree will
gradually increase. Section 642 of the
Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005,
Public Law 108–375, amended section
1414 of title 10, United States Code, by
eliminating the phase-in period for
retirees receiving compensation for a
disability rated as 100 percent.
This amendment concerns
entitlements administered by the
Department of Defense (DoD) as well as
VA. DoD must determine the phase-in
amount for concurrent receipt.
Regulations pertinent to this calculation
or other matters specifically dealing
with the receipt of military retired pay
are the responsibility of DoD and are
outside the scope of this proposed
rulemaking. Section 1414(c) provides
for the phase-in until December 31,
2013. (See 10 U.S.C. 1414(c).) This
proposed rulemaking is solely related to
the effect of this law on VA’s
compensation payments.
Background
Section 1414 of title 10, U.S.C., as
amended by the Act, provides in
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
39213
subsection (a) that certain veterans are
permitted to receive concurrent
payment of military retired pay and
veterans’ disability compensation,
notwithstanding sections of the law that
prohibit the duplication of benefits and
require a waiver of military retired pay
to receive disability compensation. (See
38 U.S.C. 5304, 5305.) Subject to the
exception for retirees receiving
compensation for a disability rated as
100 percent, from January 1, 2004, until
December 31, 2013, payment to
qualified retirees will be subject to a
mathematical formula for the phase-in
of full concurrent receipt. (See 10 U.S.C.
1414(c).)
Special provisions, administered by
DoD, exist with respect to concurrent
receipt for Chapter 61 Disability
Retirees. (See 10 U.S.C. 1201–1221.) A
veteran, retired under Chapter 61 with
20 or more years of service, must waive
a portion of his or her disability retired
pay to receive disability compensation.
Veterans retired under Chapter 61 with
less than 20 years of service are not
entitled to this benefit.
Regulations Affected by the Amended
Section 1414
The Act amends 10 U.S.C. 1414,
which affects 38 CFR 3.750. The title of
§ 3.750 is ‘‘Retirement pay.’’ We propose
to change the title of § 3.750 to
‘‘Entitlement to concurrent receipt of
military retired pay and disability
compensation.’’ This title more clearly
conveys the content of the revised
regulation.
Current § 3.750(a) prohibits
concurrent receipt of military retired
pay and disability compensation.
Proposed paragraph (a) defines military
retired pay.
Current paragraph (b) provides for
election between military retired pay
and disability compensation. We
propose to move the information
contained in current paragraph (b) to
proposed paragraph (d). We propose in
paragraph (b)(1), consistent with
amended 10 U.S.C. 1414(a), to state that
qualified veterans with a disability or
disabilities rated at 50 percent or higher
are entitled to concurrent receipt of both
military retired pay and disability
compensation benefits.
To comply with amended 10 U.S.C.
1414(b), we propose in paragraph (b)(2)
to state that veterans who retire under
10 U.S.C. Chapter 61 with 20 or more
years of creditable service must waive a
portion of their disability retired pay to
receive disability compensation, but
only to the extent that disability retired
pay exceeds the amount of retired pay
they would have received had they
retired based on length of service.
E:\FR\FM\07JYP1.SGM
07JYP1
Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Proposed Rules]
[Pages 39209-39213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13362]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1404
Proposed Changes to Arbitration Policies, Functions, and
Procedures
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Mediation and Conciliation Service (FMCS) is
proposing to amend 29 CFR part 1404, Arbitration Services. The
amendments are intended to set forth the criteria and procedures for
listing on the arbitration roster, removal from the arbitration roster,
and expedited arbitration processing. Other changes include how parties
may request arbitration lists or panels and fees associated with the
arbitrators. The purpose of these changes is to facilitate the
management and administration of the arbitration roster. FMCS is
soliciting comments on the proposed changes described below.
DATES: Written comments must be submitted to the office listed in the
address section below on or before August 8, 2005.
ADDRESSES: Submit comments to the Maria A. Fried, General Counsel,
Federal Mediation and Conciliation Service, 2100 K Street, NW.,
Washington, DC 20427. Comments may be submitted also by fax at (202)
606-5345 or electronic mail (e-mail) to mfried@fmcs.gov. All comments
and data in electronic form must be identified by the appropriate
agency form number.
FOR FURTHER INFORMATION CONTACT: Maria A. Fried, General Counsel and
Federal Register Liaison, FMCS, 2100 K Street, NW., Washington, DC
20427. Telephone (202) 606-5444, FAX (202) 606-5345.
SUPPLEMENTARY INFORMATION: FMCS proposes to amend 29 CFR part 1404. The
original regulation was issued in June 1997. The amendments set forth
procedures for the listing and removal of arbitrators from the
arbitration roster maintained by FMCS, procedures for requesting
arbitration lists and panels, and the nomination of arbitrators.
Pursuant to 29 U.S.C. 171(b) and 29 CFR part 1404, FMCS offers
panels of arbitrators for selection by labor and management to resolve
grievances and disagreements arising under their collective bargaining
agreements and to deal with the fact finding and interest arbitration
issues as well.
Title II of the Labor Management Relations Act of 1947 (Pub. L. 90-
101) as amended in 1959 (Pub. L. 86-257) and 1974 (Pub. L. 93-360),
states that it is the labor policy of the United States that ``the
settlement of issues between employers and employees through collective
bargaining may be advanced by making available full and adequate
governmental facilities for conciliation, mediation, and voluntary
arbitration to encourage employers and representatives of their
employees to reach and maintain agreements concerning rates of pay,
hours, and working conditions, and to make all reasonable efforts to
settle their differences by mutual agreement reached through
conferences and collective bargaining or by such methods as may be
provided for in any applicable agreement for the settlement of
disputes.'' Under its regulations at 29 CFR part 1404, FMCS has
established policies and procedures for its arbitration function
dealing with all arbitrators listed on the FMCS Roster of Arbitrators,
all applicants for listing on the Roster, and all person or parties
seeking to obtain from FMCS either names or panels of names of
arbitrators listed on the Roster in connection with disputes which are
to be submitted to arbitration or fact-finding. FMCS strives to
maintain the highest quality of dispute resolution experts on its
roster. FMCS now proposes to amend 29 CFR part 1404 to update its
procedures and facilitate the maintenance and administration of its
arbitration roster.
Access to Information in Comments
Information submitted as a comment concerning this document may be
claimed confidential by marking any part or all of the information as
``CBI.'' Information so marked will not be disclosed but a copy of the
comment that does contain CBI must be submitted for inclusion in the
public record. FMCS may disclose information not marked confidential
without prior notice. All written comments will be available for
inspection in Room 704 at the Washington, DC address above from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
[[Page 39210]]
Electronic Access and Filing
All comments and data in electronic form must be identified by the
appropriate agency form number. No confidential business information
(CBI) should be submitted through e-mail.
Regulatory Flexibility Act
The Director, in accordance with the Regulatory Flexibility Act (5
U.S.C. 606(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities. The fees assessed by
FMCS for requests for panels are nominal and should not cause any
significant economic effect on small entities which may request
arbitration panels.
Executive Order 12866
This regulation has been deemed significant under Section 3(f)(3)
of E.O. 12866 and as such has been submitted to and reviewed by the
Office of Management and Budget.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with Foreign based companies in domestic and export markets.
List of Subjects in 29 CFR Part 1404
Administrative practice and procedure, Labor management relations.
For the reasons stated in the preamble, the Federal Mediation and
Conciliation Service proposes to amend 29 CFR Part 1404 as follows:
PART 1404--ARBITRATION SERVICES
Subpart A--Arbitration Policy: Administration of Roster
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. In Sec. 1404.3, paragraph (c)(1)(iv) is revised and (v) is
added to read as follows:
Sec. 1404.3 Administrative responsibilities.
* * * * *
(c) Arbitrator Review Board. The Arbitrator Review Board (Board)
shall consist of a chairperson and members appointed by the Director
who shall serve at the Director's pleasure.
(1) Duties of the Board. The Board shall:
* * * * *
(iv) At the request of the Director of FMCS, or upon its own
volition, review arbitration policies and procedures, including all
regulations and written guidance regarding the use of the FMCS
arbitrators, and make recommendations regarding such policies and
procedures to the Director; and
(v) Review the qualifications of all persons who request a review
in anticipation of attending the FMCS-sponsored labor arbitrator
training course, interpreting and applying the criteria set forth in
Sec. 1404.5.
* * * * *
Subpart B--Roster of Arbitrators: Admission and Retention
3. In Sec. 1404.4, paragraphs (b) and (e) are revised to read as
follows:
Sec. 1404.4 Roster and status of members.
* * * * *
(b) Adherence of Standards and Requirements. Persons listed on the
Roster shall comply with FMCS rules and regulations pertaining to
arbitration and with such guidelines and procedures as may be issued by
the OAS pursuant to Subpart C of this Part. Arbitrators shall conform
to the ethical standards and procedures set forth in the Code of
Professional Responsibility for Arbitrators of Labor Management
Disputes, as approved by the National Academy of Arbitrators, Federal
Mediation and Conciliation Service, and the American Arbitration
Association (Code).
* * * * *
(e) Nominations and Panels. On request of the parties to an
agreement to arbitrate or engage in fact-finding, or where arbitration
or fact-finding may be provided for by statute, OAS will provide names
or panels of names for a fee. Procedures for obtaining these services
are outlined in subpart C of this part. Neither the submission of a
nomination or panel nor the appointment of an arbitrator constitutes a
determination by FMCS that an agreement to arbitrate or enter fact-
finding proceedings exists; nor does such action constitute a ruling
that the matter in controversy is arbitrable under any agreement.
* * * * *
4. In Sec. 1404.5, the section heading, the introductory text,
paragraphs (a), (b), (c), (d) introductory text, (d)(5), (d)(6),
(d)(7), (e) and (f) are revised to read as follows:
Sec. 1404.5 Listing on the roster, criteria for listing and removal,
procedure for removal.
Persons seeking to be listed on the Roster must complete and submit
an application form that may be obtained from OAS. Upon receipt of an
executed application, OAS will review the application, assure that it
is complete, make such inquiries as are necessary, and submit the
application to the Board. The Board will review the completed
application under the criteria in paragraphs (a), (b) and (c) of this
section, and will forward to the FMCS Director its recommendation as to
whether or not the applicant meets the criteria for listing on the
Roster. The Director shall make all final decisions as to whether an
applicant may be listed on the Roster. Each applicant shall be notified
in writing of the Director's decision and the reasons therefore.
(a) General Criteria. (1) Applicants will be listed on the Roster
upon a determination that he or she:
(i) Is experienced, competent and acceptable in decision-making
roles in the resolution of labor relations disputes; or
(ii) Has extensive and recent experience in relevant positions in
collective bargaining; and
(iii) Is capable of conducting an orderly hearing, can analyze
testimony and exhibits and can prepare clear and concise findings and
awards within reasonable time limits.
(iv) For applicants who are governmental employees, the following
criteria shall also apply:
(A) Federal Employees: These applicants must provide the OAS with
written permission from their employer to work as an arbitrator.
Federal employees will not be assigned to panels involving the Federal
Government.
(B) Governmental Employees other than Federal: These applicants
must provide the OAS with written
[[Page 39211]]
permission from their employer to work as an arbitrator as well as a
statement of the jurisdiction(s) in which the applicant is permitted to
do this work.
(2) FMCS may identify certain positions relating to collective
bargaining that will substitute for the General Criteria. FMCS may also
identify periodic educational requirements for remaining on the Roster.
(b) Proof of Qualification. The qualifications listed in paragraph
(a) of this section are preferably demonstrated by the submission of
five recent arbitration awards prepared by the applicant while serving
as an impartial arbitrator of record chosen by the parties to labor
relations disputes arising under collective bargaining agreements, or
the successful completion of the FMCS labor arbitrator training course
plus three awards as described above, and the submission of information
demonstrating extensive and recent experience in collective bargaining,
including at least the position or title held, duties or
responsibilities, the name and location of the company or organization,
and the dates of employment.
(c) Advocacy. Any person who at the time of application is an
advocate as defined in paragraph (c)(1) of this section, must agree to
cease such activity before being recommended for listing on the Roster
by the Board. Except in the case of persons listed on the Roster as
advocates before November 17, 1976, any person who did not divulge his
or her advocacy at the time of listing or who becomes an advocate while
listed on the Roster and who did not request to be placed on inactive
status pursuant to Sec. 1404.6 prior to becoming an advocate, shall be
recommended for removal by the Board after the fact of advocacy is
revealed.
(1) Definition of Advocacy. An advocate is a person who represents
employers, labor organizations, or individuals as an employee,
attorney, or consultant, in matters of labor relations or employment
relations, including but not limited to the subjects of union
representation and recognition matters, collective bargaining,
arbitration, unfair labor practices, equal employment opportunity, and
other areas generally recognized as constituting labor or employment
relations. The definition includes representatives of employers or
employees in individual cases or controversies involving worker's
compensation, occupational health or safety, minimum wage, or other
labor standards matters.
(2) This definition of advocate also includes a person who is
directly or indirectly associated with an advocate in a business or
professional relationship as, for example, partners or employees of a
law firm. Individuals engaged only in joint education or training or
other non-adversarial activities will not be deemed as advocates.
(d) Listing on Roster, Removal. Listing on the Roster shall be by
decision of the Director of FMCS based upon the recommendations of the
Board or upon the Director's own initiative. The Board may recommend
for removal, and the Director may remove, any person listed on the
Roster, for violation of this Part and/or the Code. The reasons for
removal include whenever a member of the Roster:
* * * * *
(5) Has been the subject of a complaint by parties who use FMCS
services and the Board, after appropriate inquiry, concludes that cause
for removal has been shown;
(6) Is determined to be unacceptable to the parties who use FMCS
arbitration services. Such a determination of unacceptability may be
based on FMCS records which show the number of times the arbitrator's
name has been proposed to the parties and the number of times he or she
has been selected. Such cases will be reviewed for extenuating
circumstances, such as length of time on the Roster or prior history;
(7) Has been in an inactive status pursuant to Sec. 1404.6 for
longer than two years.
(e) Procedure for Removal. Prior to any recommendation by the Board
to remove an arbitrator from the Roster, the Board shall conduct an
inquiry into the facts of any such recommended removal. When the Board
recommends removal of an arbitrator, it shall send the arbitrator a
written notice. This notice shall inform the arbitrator of the Board's
recommendation and the basis for it, and that he or she has 60 days
from the date of such notice to submit a written response or
information showing why the arbitrator should not be removed. When the
Director removes an arbitrator from the Roster, he or she shall inform
the arbitrator of this in writing, stating the effective date of the
removal and the length of time of the removal if it is not indefinite.
An arbitrator so removed may seek reinstatement to the Roster by making
written application to the Director no earlier than two years after the
effective date of his or her removal.
(f) Suspension. The director of OAS may suspend for a period not to
exceed 180 days any person listed on the Roster who has violated any of
the criteria in paragraph (d) of this section. Arbitrators shall be
promptly notified of a suspension. The arbitrator may appeal a
suspension to the Board, which shall make a recommendation to the
Director of FMCS. The decision of the Director of FMCS shall constitute
the final action of the agency.
5. Section 1404.6 is revised to read as follows:
Sec. 1404.6 Inactive status.
A member of the Roster who continues to meet the criteria for
listing on the Roster may request that he or she be put in an inactive
status on a temporary basis because of ill health, vacation, schedule,
or other reasons. If the inactive status lasts longer than two (2)
years and the arbitrator has not paid the annual listing fee, the
arbitrator will then be removed from the Roster.
Subpart C--Procedures for Arbitration Services
6. In Sec. 1404.9, paragraphs (a), (b), (e) and (f) are revised
and paragraph (h) is added to read as follows:
Sec. 1404.9 Procedures for requesting arbitration lists and panels.
(a) The Office of Arbitration Services (OAS) has been delegated the
responsibility for administering all requests for arbitration services.
Requests should be addressed to the Federal Mediation and Conciliation
Service, Office of Arbitration Services, 2100 K Street, NW.,
Washington, DC 20427.
(b) The OAS will refer a panel of arbitrators to the parties upon
request. The parties are encouraged to make joint requests. In the
event, however, that the request is made by only one party, the OAS
will submit a panel of arbitrators. However, the issuance of a panel--
pursuant to either joint or unilateral request--is nothing more than a
response to a request. It does not signify the adoption of any position
by the FMCS regarding the arbitrability of any dispute or the terms of
the parties' contract.
* * * * *
(e) The parties are required to use the Request for Arbitration
Panel (Form R-43), which has been prepared by the OAS and is available
upon request to the Federal Mediation and Conciliation Service, Office
of Arbitration Services, Washington, DC 20427, or by calling (202) 606-
5111. Form R-43 is also available on the FMCS Internet Web site, http:/
/www.fmcs.gov. Requests that do not contain all required information
requested on Form R-43 in typewritten
[[Page 39212]]
form or legible handwriting may be rejected.
(f) Parties may submit requests for any standard geographical
arbitration panels electronically by accessing the agency's Internet
Web site, https://www.fmcs.gov, and receive panels via e-mail, fax or
mail. Panel requests that contain certain special requirements may not
be processed via the agency's internet system. Parties must provide all
required information and must pay the cost of such panels using methods
of payment that are accepted by the agency.
* * * * *
(h) The OAS will charge a fee for all requests for lists, panels,
and other major services. Payments for these services must be received
with the request for services before the service is delivered and may
be paid by either labor or management or both. A schedule of fees is
listed in the appendix to this part.
7. In Sec. 1404.11, paragraphs (c) introductory text, (c)(2) and
(d) are revised to read as follows:
Sec. 1404.11 Nominations of arbitrators.
* * * * *
(c) The OAS will provide a randomly selected panel of arbitrators
located in geographical areas in proximity of the hearing site. The
parties may request special qualification of arbitrators experienced in
certain issues or industries or that possess certain backgrounds. The
OAS has no obligation to put an individual on any given panel or on a
minimum number of panels in any fixed period. In general:
* * * * *
(2) If at any time both parties request that a name or names be
included, or omitted, from a panel, such name or names will be
included, or omitted, unless the number of names is excessive. These
inclusions/exclusions may not discriminate against anyone because of
age, race, gender, national origin, disability, or religion.
(d) If the parties do not agree on an arbitrator from the first
panel, the OAS will furnish second and third panels to the parties upon
joint request, or upon a unilateral request if authorized by the
applicable collective bargaining agreement, and payment of additional
fees. Requests for second or third panels should be accompanied by a
brief explanation as to why the previous panel(s) was inadequate. In
addition, if parties are unable to agree on a selection after having
received three panels, the OAS will make a direct appointment upon
joint request.
8. In Sec. 1404.12, paragraphs (a) and (c) introductory text are
revised to read as follows:
Sec. 1404.12 Selection by parties and appointments of arbitrators.
(a) After receiving a panel of names, the parties must notify the
OAS of their selection of an arbitrator or of the decision not to
proceed with arbitration. Upon notification of the selection of an
arbitrator, the OAS will make a formal appointment of the arbitrator.
The arbitrator, upon notification of appointment, shall communicate
with the parties within 14 days to arrange for preliminary matters,
such as the date and place of hearing. Should an arbitrator be notified
directly by the parties that he or she has been selected, the
arbitrator must promptly notify the OAS of the selection and his or her
willingness to serve. If the parties settle a case prior to the
hearing, the parties must inform the arbitrator as well as the OAS.
Consistent failure to follow these procedures may lead to a denial of
future OAS service.
* * * * *
(c) Where the parties' collective bargaining agreement is silent on
the manner of selecting arbitrators, the parties may wish to consider
any jointly determined or one of the following methods for selection of
an arbitrator from a panel:
* * * * *
9. In Sec. 1404.14, paragraph (c) is revised to read as follows:
Sec. 1404.14 Decision and award.
* * * * *
(c) Within 15 days after an award has been submitted to the
parties, the arbitrator shall submit an Arbitrator's Report and Fee
Statement (Form R-19) to OAS showing a breakdown of the fee and expense
charges for use in the event the OAS decides to review conformance with
the basis for the arbitrator's fees and expenses as stated in the
biographical sketch.
* * * * *
10. Section 1404.15 is revised to read as follows:
Sec. 1404.15 Fees and charges of arbitrators.
(a) Fees to Parties. Prior to appointment, the parties should be
aware of all significant aspects of the bases for an arbitrator's fees
and expenses. Each arbitrator's biographical sketch shall include a
statement of the bases for the arbitrator's fees and expenses, which
shall conform to this part and the Code. The parties and the arbitrator
shall be bound by the arbitrator's statement of the bases for fees and
expenses in the biographical sketch unless they mutually agree
otherwise in writing. Arbitrators listed on the Roster may change the
bases for their fees and expenses if they provide them in writing to
OAS at least 30 days in advance.
(b) Dual Addresses. Arbitrators with dual business addresses must
bill the parties for expenses from the lesser expensive business
address to the hearing site.
(c) Additional Administrative Fee. In cases involving unusual
amounts of time and expense relative to the pre-hearing and post-
hearing administration of a particular case, the arbitrator may charge
an administrative fee. This fee shall be disclosed to the parties as
soon as it is foreseeable by the arbitrator.
(d) Fee Disputes. The OAS requests that it be notified of an
arbitrator's deviation from this Part. While the OAS does not resolve
individual fee disputes, repeated complaints concerning the fees
charged by an arbitrator will be brought to the attention of the Board
for consideration. Similarly, complaints by arbitrators concerning non-
payment of fees by the parties may lead to the denial of services or
other actions by the OAS.
11. In Sec. 1404.16, paragraph (b) is revised to read as follows:
Sec. 1404.16 Reports and biographical sketches.
* * * * *
(b) The OAS will provide parties with biographical sketches for
each arbitrator on the Roster from information supplied by the
arbitrator in conformance with this section and Sec. 1404.15. The OAS
reserves the right to decide and approve the format and content of
biographical sketches.
Subpart D--Expedited Arbitration
12. Sec. 1404.17 is revised to read as follows:
Sec. 1404.17 Policy.
In an effort to reduce the time and expense of some grievance
arbitrations, FMCS offers expedited procedures that may be appropriate
in certain non-precedential cases or those that do not involve complex
or unique issues. Expedited arbitration 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. Mandating short deadlines and eliminating requirements for
transcripts, briefs and lengthy opinions streamline the process.
13. In Sec. 1404.18, paragraph (b) is revised to read as follows:
[[Page 39213]]
Sec. 1404.18 Procedures for requesting expedited panels.
* * * * *
(b) Upon receipt of a joint Request for Arbitration Panel (Form R-
43) indicating that both parties desire expedited services, the OAS
will refer a panel of arbitrators.
* * * * *
Sec. 1404.20 [Removed]
14. Section 1404.20 is removed.
Sec. 1404.21 [Redesignated as Sec. 1404.20]
15. Section 1404.21 is redesignated as Sec. 1404.20.
Dated: June 27, 2005.
Maria A. Fried,
General Counsel and Federal Register Contact.
[FR Doc. 05-13362 Filed 7-6-05; 8:45 am]
BILLING CODE 6732-01-M