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 Arbitration Revises
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Arbitration Services Revises Rules

Many changes have recently taken place in FMCS’ Division of Arbitration Services. In December 1996, long-time Director Jewell Myers retired and Peter Regner, Director of FMCS’ Grants Program, assumed the responsibilities for the day to day operations of the Arbitration Division. John Wagner, Director ADR Services, took over the coordination of outreach programs for Arbitration.

In addition to these changes in Division leadership, proposed changes in the FMCS Arbitration Rules were published in the Federal Register on March 13, 1997. These changes were open for public comment until April 15. They are part of an ongoing reinvention process at FMCS and are aimed at better service and more effective administration of the arbitration process. No changes had been made to the Arbitration Rules since 1979.

FOCUS GROUP MAKES RECOMMENDATIONS

In March 1997, FMCS convened a focus group of management and union practitioners and arbitrators. The group discussed such issues as satisfaction with FMCS arbitration services and how we might improve. The group also proposed that FMCS offer an expedited arbitration service.


Members of Arbitration focus group meet at FMCS Headquarters.

The suggestions made by the focus group as well as written comments received on the proposed changes were carefully reviewed by FMCS and many of these customer recommendations resulted in further changes. A final notice of rulemaking was published at the end of June, along with a proposed notice setting out an expedited arbitration service. The new rules will be effective October 1, 1997.

RULE CHANGES

As an alternative to a panel of names from which to choose an arbitrator, FMCS will, upon request, furnish the names and biographical sketches of all arbitrators in a specific geographical area. In these cases, the parties may deal directly with the arbitrator without FMCS appointment or tracking services.

Many of the other proposed changes specifically relate to arbitrators, including the following requirements:

to communicate with the parties within 14 days of notification of appointment;
to make awards within 60 days of the closing of the case record unless the parties jointly agree otherwise;
to bill parties from the nearest address when dual addresses are listed with FMCS;
to publish their entire schedule of fees on their bio sketches.

FMCS will not resolve fee disputes. However, complaints about excessive billing will be kept on file and repeated complaints from different parties may

be brought before the Arbitrator Review Board for possible action.

Also, applicants who wish to be included on the roster must submit five awards to demonstrate experience, competence and acceptability to the parties. Experience relevant to the position may be considered by the arbitrator as a substitute for some or all of the awards.

NEW FEE STRUCTURE PROPOSED

Among the changes in the Arbitration Division is a new fee structure for services. The FMCS 1997 appropriations bill authorized FMCS to provide arbitration services on a fee-for-service basis. All revenue generated will be dedicated exclusively to the education and training of our workforce —critical if our agency is to continue to provide valuable mediation services to the labor-management community.

 

ARBITRATION FEES

(effective 10/1/97)

$100 annual listing fee for arbitrators on the agency’s roster and $50 for a second address;
$30 for each request for a panel of arbitrators;
$20 for direct appointment of an individual arbitrator, when a panel is not used;

$10 for each request of a list and biographic sketches of arbitrators in a specific geographic area, plus 10 cents per page of the document.
The Office of Arbitration Services Staff poses with their empty file cabinets as they move towards a paperless system.

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