Current through Register Vol. 48, No. 38, September 20, 2024
a) Persons presently utilized by the Service
as arbitrators who are employees of the Illinois Department of Labor may
continue to perform such work and be placed on the Roster as their supervisors
permit and as their workload dictates, subject to removal as set out in this
part. Persons who are or later become employees of the Department of Labor may
be considered for placement on the Roster subject to these provisions and the
consent of their supervisors and their work requirements.
b) Both future Department employees and
private ad hoc persons who seek to be listed on the Roster must complete and
submit an application form which may be obtained from the Illinois Arbitration
Service. Upon receipt of an executed form, IAS will review the application,
assure that it is complete, make inquiries as to references, institutions of
training and written decisions, and submit the application to the Arbitrator
Review Board. The Board will review the completed applications under the
criteria set forth in subsection (1), (2) and (3) of this section, and forward
to the Director its recommendation on each applicant. The Director makes all
final decisions as to whether an applicant may be listed as set out in this
application and the inquiries made. Each applicant shall be notified in writing
of the Director's decision and the reasons therefore. The IAS may, with the
approval of the Director, determine periods of time during which applications
may be made, such application-periods to be initiated when the
Roster-complement appears to be in danger of generating delays in hearings,
whether as to the total case load or that within some industry or particular
geographic area. In instances where additions to the Roster are sought due to
case loads within a geographic area or industry, applications may be limited to
services within that area or industry.
1)
General Criteria: Applicants for the Roster will be listed on the Roster
subject to the above general provision upon a determination that they:
A) Are experienced, competent and acceptable
in decision-making roles in the resolution of labor relations disputes;
or
B) Have extensive experience in
relevant positions in collective bargaining and have had adequate training to
facilitate acting in a decision-making role in the resolution or labor
relations disputes; and
C) Are
capable of conducting an orderly hearing, can analyze testimony and exhibits
and can prepare clear and concise findings and awards within reasonable time
limits; and
D) Possess the factors
of background and experience, availability, acceptability, geographical
location and the expressed preferences of the parties, or a combination
thereof, which demonstrate that inclusion on the Roster will lead to a useful
role in resolving disputes.
2) Proof of Qualification: The qualifications
listed in subsection (1) above of this section are preferably demonstrated by
the submission of actual arbitration awards prepared by the applicant while
serving as an impartial arbitrator chosen by the parties to disputes.
Equivalent experience acquired in training, internship or other development
programs, or experience such as that acquired as a hearing officer or judge in
labor relations controversies shall also be considered by the Board. A suitable
background as an advocate in the presentation and preparation of cases in
dispute as documented in briefs, combined with a reputation of fairness as an
advocate and a recommendation(s) from a neutral(s) who has heard the applicant
before him in a labor-management dispute and who believes the advocate could
conduct fair and impartial hearings and resolutions, combined with training,
internship or other development programs, shall also be considered by the
Board.
3) Conflict of Interest;
Advocacy: An arbitrator may not act as an arbitrator as to disputes in which an
employee organization or employer is involved for which he performs services or
through which directly or indirectly he receives income. Thus, for example, a
person on the Roster may not act as Arbitrator in a dispute which involves a
labor organization or employer for which he performs services or which refers
to him individuals for whom he performs services. Similarly, a person on the
Roster cannot act as an arbitrator in any dispute as to which a person with
whom he is directly associated (such as a partner or employee of a law firm)
would be prohibited as acting as an arbitrator were he on the Roster. A person
receiving a pension from a labor organization or its affiliate or from an
employer or its affiliates or subsidiaries is similarly prohibited from acting
as an arbitrator in a dispute involving that labor organization or employer. It
is expected that any individual who has relationships which might, in some
future dispute, result in a prohibition as described in this subsection will
disclose such relationships to the IAS and Board and that his biographical data
furnished to parties will bear such information. No person who was or is listed
on the Roster at any time who fails to divulge advocacy or conflicts of
interest of this nature at that time or as they thereafter arise may continue
to be listed. The Service may restrict the panels on which a person may appear
to avoid the appearance of conflicts of interest.
4) Duration of Listing, Retention: Initial
listing may be for a period not to exceed three years, and may be renewed
thereafter for periods not to exceed two years, provided upon review that the
listing is not cancelled by the Director as set forth below. Department of
Labor employees may be removed at any time upon request of their supervisor due
to work requirements. Notice of cancellation may be given to the member
whenever the member:
A) No longer meets the
criteria for admission as set out in subsections (1)-(3) of this Section as
determined by his performance and awards made pursuant to this Part;
B) Has been repeatedly and flagrantly
delinquent in submitting awards as specified in Section
110.120;
C) Has refused to make reasonable and
periodic reports to IAS, as required in Sections
110.70
through
110.150,
concerning activities pertaining to arbitration;
D) Has been the subject of complaints by
parties who use IAS facilities, and the Director, after consulting with the
member's supervisor, concludes that just cause for cancellation has been
shown;
E) Is determined by the
Director to be unacceptable to a substantial number of parties who use IAS
arbitration facilities. The Director shall base a determination of
unacceptability on the IAS records showing the number of times the arbitrator's
name has been proposed to the parties and the number of times it has been
selected.
5) The
determination of whether to give notice will be based upon the severity of the
violation(s); the number of violations; the damage to the credibility and
efficiency of the IAS and the arbitration process as exemplified by the
inability of the IAS to maintain timely records and fewer parties using the
service; the pecuniary harm to the parties.
6) No listing may be cancelled without at
least sixty (60) days notice of the reasons for the proposed removal. An
arbitrator's listing will be suspended without notice pending a final decision
if the credibility of the IAS and the arbitration process would be damaged or
if a party would suffer pecuniary harm. The member shall have an opportunity to
submit a written response showing why the listing should not be cancelled
and/or to request the appointment of a hearing officer. The Director shall
appoint a hearing officer upon a member's request or if the director is unable
to conduct his own own inquiry. The hearing officer shall conduct an inquiry
into the facts of any proposed cancellation by consulting with the member, the
member's supervisor and reviewing awards and related materials prepared by the
member. The hearing officer shall make a recommendation to the Director who
will make a final decision based upon the findings of the hearing
officer.
7) Suspension: During the
time a member is listed on the Roster it may occur that certain automatic
reasons for suspension come about. Such suspensions shall last only for the
length of the reason for the suspension, and the duration of the members'
listing shall be extended thereafter so as ensure that the working duration of
the listing remains unchanged. An automatic suspension occurs when a member who
is an employee of the Department is removed from the Roster due to his
supervisor's request based on work requirements. An automatic suspension occurs
on request of a member due to health or occupational reasons or temporary
unavailability. An automatic suspension also occurs when a member is appearing
as a party or representative of a party in a matter before the Department or
before a court or appears as a representative of the Department in such a
matter, except for Department employees.
