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ARBITRATION SERVICESFederal labor policy promotes the use of voluntary arbitration and collective bargaining to resolve labor-management disputes between employers and represented employees. Two important features of constructive labor-management relations are voluntary arbitration and fact finding in disputes and disagreements over establishment or modification of contract terms. As an ingredient of collective bargaining agreements, the arbitration system substantially assures labor peace. Today, all collective bargaining agreements, in essence, contain grievance and arbitration provisions. Part of the Federal Mediation and Conciliation Service's responsibility since its creation has been the provision of panels of arbitrators experienced in dealing with labor matters. FMCS Office of Arbitration Services' (OAS) major responsibilities include: Maintaining a roster of arbitrators qualified to hear and decide labor questions in labor-management disputes, Providing the parties involved in collective bargaining agreements with a list of experienced panels of arbitrators, and Appointing arbitrators following their selection by the involved parties. Roster of ArbitratorsOAS maintains a roster of approximately 1,641 private arbitrators. The maintenance of this roster requires establishment of, and adherence to, high standards of qualification. These are experienced practitioners with backgrounds in collective bargaining and labor-management relations. Panel of ArbitratorsA computerized arbitration retrieval system enables OAS to produce data pertinent for rapid and accurate panel selections and arbitrator appointments. Panels can be selected on the basis of geographical location, professional affiliation, occupation, experience in various industries and issues or other specified criteria requested by the parties. Turnaround time for the submission of panels in fiscal year 1995 was 4.62 days. The automated system also allows OAS to provide the parties with current biographical sketches of the panels, and to monitor cases. Submission of the arbitrator's Report and Fee Statement closes the case. During fiscal year 95, OAS submitted 30,697 panels to requesting parties in both the private and public sectors. In some instances, the parties requested panels for advisory arbitration of fact finding. AppointmentThe Service appointed arbitrators in 11,593 cases during fiscal year 95. In most instances, the parties jointly selected the arbitrators; however, in 40 cases, the parties requested OAS to make direct designations of arbitrators.
Arbitration Services Program Data
Number of Panel Requests, Panels Submitted and Arbitrator Appointments Fiscal Years 1991 Through 1995Frequently, the labor-management parties request more than one panel for arbitration cases, resulting in an increase in the number of panels issued over the number of requests received.
Average Number of Days Charged by Arbitrator for Travel, Hearing and
Study Time Based on Closed Arbitration Award Cases Sampled for Fiscal
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Days Charged Activity Charged For |
1991 | 1992 | 1993 | 1994 | 1995 |
Total Travel Days Hearing Days Study Days |
3.70 .37 1.06 2.27 |
3.80 .41 1.08 2.31 |
3.84 .37 1.14 2.33 |
3.86 .40 1.13 2.33 |
3.94 .41 1.20 2.33 |
Per Diem Rate Total Charged Amount of Fee Amount of Expenses |
1991 470.95 |
1992 489.90 |
1993 515.52 |
1994 540.69 |
1995 560.10 |
Sequence of Events | 1991 | 1992 | 1993 | 1994 | 1995 |
Total Pre-Hearing Phase Between Grievance Filing & Request for Panel Between Panel Request Date & Panel Sent Between Date Panel Sent & Arbitrator Appointment Between Date of Appointment & Date of Hearing Post-Hearing Phase Between Hearing and Date Award Rendered by Arbitrator |
384.03 303.72 112.30 3.94 80.67 106.81 80.31 |
316.87 249.65 91.88 4.09 64.95 88.73 67.22 |
317.70 251.42 96.35 3.41 62.91 88.75 66.28 |
342.88 266.01 104.20 3.44 60.31 98.06 76.87 |
334.59 261.88 106.93 4.62 61.90 88.43 72.71 |
Total Number of Issues Specific Issues |
1991 | 1992 | 1993 | 1994 | 1995 |
Total General issues Seniority Union Officers** Economic Wage Rates & Pay Issues Fringe Benefits Issues Discharge & Disciplinary Issues Technical Issues Scope of Agreement Arbitration of Grievances Not Elsewhere Classified |
5,753 1,426
20 729 93 244 2,541 303 173 7 94 243 |
6,011 1,465
20 691 94 264 2,641 295 184 7 223 248 |
5,276 1,400
17 645 78 269 2,509 267 193 6 304 --- |
4,949 1,157
20 532 70 180 2,286 225 157 7 343 69 |
4,835 849
8 422 58 125 1,958 205 127 4 245 904 |
*Overtime pay issues included under this category Economic: Wage Rates and Pay Issues.
**Included in this classification are issues concerning superseniority and union
business.
***This classification also includes issues concerning safety.
Total Number of Cases State & Region |
1991 | 1992 | 1993 | 1994 | 1995 |
Total New England
Middle Atlantic
South Atlantic
East North Central
West North Central
East South Central
West South Central
Mountain
Pacific
Miscellaneous
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5,450 84 14 580 60 817 12 1,703 360 637 111 511 101 530 80 159 34 413 9 17 1 |
5,558 97 25 593 61 806 12 1,735 337 615 90 542 111 570 84 183 36 383 12 34 2 |
5,248 92 25 580 58 776 8 1,668 378 567 104 449 118 521 66 199 29 382 16 14 0 |
4,957 83 23 515 39 717 4 1,502 333 550 109 453 110 554 70 175 23 369 21 39 0 |
4,835 69 16 501 42 715 7 1,509 312 524 104 444 126 451 47 208 23 379 19 35 0 |
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