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Electronic Code of Federal Regulations

e-CFR data is current as of February 18, 2020

Title 29Subtitle BChapter XIIPart 1404 → Subpart D


Title 29: Labor
PART 1404—ARBITRATION SERVICES


Subpart D—Expedited Arbitration


Contents
§1404.17   Policy.
§1404.18   Procedures for requesting expedited panels.
§1404.19   Arbitration process.
Appendix to Part 1404—Arbitration Policy; Schedule of Fees

§1404.17   Policy.

In an effort to reduce the time and expense of some grievance arbitrations, FMCS offers expedited procedures where the parties agree on a streamlined process with short deadlines. Parties may also agree on their own procedures if it is practicable for FMCS.

§1404.18   Procedures for requesting expedited panels.

(a) With the exception of the specific changes noted in this Subpart, all FMCS rules and regulations governing its arbitration services shall apply to Expedited Arbitration.

(b) Upon receipt of a joint Request for Arbitration Panel (Form R-43) indicating that both parties desire expedited services, OA will refer a panel of arbitrators which shall be valid for up to 30 days. Only one panel will be submitted per case. If the parties are unable to mutually agree upon an arbitrator or if prioritized selections are not received from both parties within 30 days, OA will make a direct appointment of an arbitrator not on the original panel.

(c) If the parties mutually select an arbitrator, but the arbitrator is not available, the parties may select a second name from the same panel or OA will make a direct appointment of another arbitrator not listed on the original panel.

§1404.19   Arbitration process.

(a) Once notified of the expedited case appointment by OA, the arbitrator must contact the parties within seven (7) calendar days.

(b) The parties and the arbitrator must attempt to schedule a hearing within 30 days of the appointment date.

(c) Absent mutual agreement, all hearings will be concluded within one day. No transcripts of the proceedings will be made and the filing of post-hearing briefs will not be allowed.

(d) All awards must be completed within seven (7) working days from the hearing. These awards are expected to be brief and concise, and to not require extensive written opinion or research time.

Appendix to Part 1404—Arbitration Policy; Schedule of Fees

Annual listing fee for arbitrators who have completed less than 5 years on the Roster: $150 for the first address; $50 for each additional address

Annual listing fee for arbitrators who have completed 5 or more years on the Roster: $250 for the first address; $100 for each additional address

Request for panel of arbitrators processed by FMCS staff: $70.00

Request for panel of arbitrators on-line: $35.00

Direct appointment of an arbitrator when a panel is not used: $30.00 per appointment

List and biographic sketches of arbitrators in a specific area: $35.00 per request plus $.25 per page.

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