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Press
Release
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FOR IMMEDIATE RELEASE
Tuesday, June 24, 1997 |
Contact: Dave Helfert
(202) 606-8100 |
FMCS Announces Arbitration Rule
Changes
The Federal Mediation and Conciliation Services (FMCS) Office of Arbitration Services
has announced the first significant changes in arbitration procedures in nearly twenty
years. The changes were made through intensive "reinvention" activity by FMCS
Arbitration staff, and after consultation with labor and management officials and
arbitrators through a lengthy public comment period and a day-long Focus Group.
New rules, effective October 1, 1997, include the following features:
 | To give the parties more information
about the arbitrators and their fees, arbitrators biographical sketches will be expanded,.
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| FMCS will begin offering Expedited
Arbitration to provide a streamlined process and awards for non-precedential and
non-complex cases.
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| Arbitration services will be provided
on a fee-for-service basis as authorized in the 1997 FMCS appropriations bill. FMCS will
assess a $30 fee for each arbitrator panel request, payable by either or both parties.
Each request must be accompanied by a check, money order or Visa/Master Card credit or
debit card account number. Arbitrators will be assessed a $100 annual listing fee plus $50
for dual addresses.
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| FMCS will make available for a nominal
fee ($10 per list plus 10 cents a page) a list and biographical sketches of all
arbitrators on its Roster located in a designated geographical area. The parties may then
deal directly with the arbitrator. No case number will be assigned, nor will the case be
monitored by FMCS. This service is intended to be used when FMCS appointment/tracking of
arbitrators is not needed.
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| All requests for panels must be
submitted on an FMCS Form R-43 (requests received through a letter will be returned). A
maximum of three panels will be issued for the same case. After the third panel, FMCS will
appoint an arbitrator, if requested.
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| In cases where the parties submit
separate prioritized selections of arbitrators, once FMCS receives the selections of one
party, FMCS will notify the second party that it has 14 days to submit its selection (or
request a new panel if the bargaining agreement allows), or the first partys selection
will be honored. The party requesting a new panel must pay that panel fee.
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| All arbitration awards must be
completed within 60 days of the close of the hearing. Arbitrators showing a substantiated
pattern or history of delays may be suspended from the roster.
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| FMCS maintains a policy of not becoming
involved in individual payment disputes. However, FMCS will consider withholding its
services to parties showing a substantiated pattern or history of not paying arbitrators
for the services, or for otherwise abusing the arbitration process.
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| FMCS will assign a Case Administrator,
responsible for providing a full range of customer service for each case from beginning to
end.
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"We hope that our
continuing efforts will result in greater customer satisfaction and better arbitration
services from FMCS," said Peter Regner, Director of Program Services.
The new rules are expected to be ready in September and will be mailed to all FMCS
arbitration customers who have requested panels in the last 15 months. In September, the
new rules will replace the current rules displayed on the FMCS web page located at
www.fmcs.gov. The R-43 request form is also available for downloading on the web site.
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