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FMCS Arbitration Services: Self-governing in the workplace
The Federal Mediation and Conciliation Service (FMCS) was created by Congress as an independent agency of the United States government to promote the development of sound and stable labor-management relationships. The Service meets its responsibilities through a variety of services. Best known, perhaps, are dispute mediation in collective bargaining contract negotiations and preventive mediation services, which provide joint employer-employee training in cooperative processes and skills. However, FMCS is also a valuable resource in another fundamental process in collective bargaining. " Arbitration is the means of solving the unforeseeable by molding a system of private law for all the problems which may arise and to provide for their solution in a way which will generally accord with the variant needs and desires of the parties. The processing of disputes through the grievance machinery is actually a vehicle by which meaning and content is given to the collective bargaining agreement." Supreme Court of the United States The Arbitration ProcessArbitrators are private individuals, acting in a quasi-judicial capacity, who hear evidence and make decisions, or awards, on matters submitted to them. Arbitration is a system for resolving conflict that keeps collective bargaining agreements viable, workable and respected by the contracting parties. It is the generally accepted means of conflict resolution between an employer and employee organization during the term of a contract, enabling disagreements over contract interpretation or application to be settled in a less formal setting than courtroom litigation. Even though there are winners and losers in arbitration, the process allows for peaceful resolution without seriously damaging the labor-management relationship. Most contracts provide a series of steps in which an employer and a union may seek to reconcile contract interpretation disputes, with binding arbitration as the final step. A limited number of contracts, primarily in the public sector, provide for "advisory arbitration," with non-binding decisions. There is also "interest arbitration," although limited in use, in which a neutral third-party decides, on a binding basis, actual contract terms when the negotiating parties are unable to complete negotiations on a final contract agreement. While grievance arbitration--involving disputes during the contract period--is the most common, FMCS is prepared to assist in any type of arbitration proceedings FMCS Arbitration ServicesFMCS provides arbitration services in a different way than mediation. Rather than using full-time government employees, like our federal mediators, the Service maintains a roster of neutrals, private citizens who have met FMCS qualifications. Upon request, FMCS will furnish a panel of qualified arbitrators from which the parties may select the most mutually satisfactory individual to hear and render a final decision on the issues in dispute. The FMCS Office of Arbitration Services maintains a roster of approximately 1,500 private arbitrators, experienced practitioners with backgrounds in collective bargaining and labor-management relations. FMCS charges a nominal fee for the provision of arbitrator lists and panels or other major services. When the parties to a dispute request an arbitrator, the FMCS computerized retrieval system produces a panel of potential arbitrators from which the parties may select. Panels can be compiled on the basis of geographic location, professional affiliation, occupation, experience with particular industries or issues, or other criteria specified by the parties. FMCS also furnishes current biographical sketches of the arbitrator panels. The panel is then sent to both parties simultaneously, along with bio sketches and each arbitrator’s fee schedule. Procedures for selecting an arbitrator from the panel are usually set forth in the particular collective bargaining agreement. Often, the parties will take turns striking names from the list until one remains. Using another method, the parties rank each member of the panel in order of preference--1 for the favorite, 2 for the next and so on. The two rankings are added together, and the arbitrator with the lowest number becomes the choice. Once the parties have made their selection, FMCS is notified and formally appoints the arbitrator, who is expected to communicate with both parties within 14 days to make preliminary arrangements for a hearing date and location. Should the parties notify the arbitrator that he or she has been selected, the arbitrator must promptly notify FMCS. Once the arbitrator is notified of his or her selection to hear a case:
Alternatively, FMCS will provide the parties with a list of all arbitrators in a designated geographic area. The parties may then select and deal directly with the arbitrator of their choice without further FMCS involvement. The FMCS Arbitration RosterThe most important factor in the success of arbitration is, of course, the quality of the arbitrator. The Service’s responsibility to the parties is to maintain a cadre of the most competent, qualified and acceptable arbitrators possible. The roster is comprised of private citizens who meet certain standards. Most have held responsible positions related to collective bargaining. An Arbitrator Review Board evaluates the applications of those seeking to be listed on the FMCS roster and makes recommendations to the FMCS Director. New applicants are carefully screened before their entry onto the roster to ensure that they meet the following FMCS requirements: 1. Experience and acceptability in decision-making roles in labor relations issues; 2. Proof of qualification, usually demonstrated by the submission of five arbitration decisions as an arbitrator of record in disputes arising under collective bargaining agreements, or relevant experience as a judge or hearing examiner in labor relations controversies; and 3. Agreement to cease any advocacy role representing employers, labor organizations or individuals as an employee, attorney or consultant in labor relations matters. The Arbitrator Review Board also makes recommendations to the Director on the removal of arbitrators from the roster should they:
Requesting FMCS Arbitration ServicesTo request FMCS Arbitration services, please submit a Request for Arbitration Panel (Form R-43) or description of other service requested, accompanied by the appropriate fee: Panel of arbitrators $30 Direct appointment of arbitrator $20 List and bio sketches of all arbitrators in geographic area $10 plus $.10 per page The R-43 request forms are available from the Office of Arbitration Services, or can be downloaded from the FMCS Internet website, www. fmcs. gov. For a copy of the updated Office of Arbitration Services policies and procedures, call or write: Federal Mediation
and Conciliation Service FMCS ORGANIZATION FMCS mediators work out of more than 75 field offices around the United States, administered through five geographic regions. For more information, contact the FMCS Office nearest you. National Office:Federal
Mediation and Conciliation Service Northeastern RegionOne Newark
Center, 16th Floor William J.
Green Federal Building Southern Region401 West
Peachtree Street, NW, Suite 472 3452 Lake
Lynda Drive, Suite 122 12140
Woodcrest Executive Drive, Suite 215 Midwestern Region6161 Oak
Tree Boulevard, Suite 120 Upper Midwestern RegionBroadway
Place West Elm Plaza,
Suite 203 Western Region1100 Town
and Country Rd, Suite 410 Westin
Building, Suite 310 Federal Mediation and Conciliation ServiceMission
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