[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Proposed Rules]
[Pages 35112-35113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16999]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 / 
Proposed Rules  

[[Page 35112]]


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FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1404


Expedited Arbitration

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Proposed rule.

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SUMMARY: This proposed addition to the arbitration regulations is 
intended to create a new service known as ``expedited arbitration.'' 
This service will provide a streamlined arbitration process for non-
precedential and non-complex grievance arbitration cases while 
encouraging the parties to select new arbitrators in order to enhance 
their career development. This new service is the result of specific 
recommendations of the Arbitration Focus Group convened by FMCS on 
March 27, 1997.

DATES: Comments must be received on or before August 4, 1997.

ADDRESSES: Written comments should be submitted to Peter L. Regner, 
Director of Program Services, Federal Mediation and Conciliation 
Service, 2100 K Street, NW., Washington, DC 20427. All comments will be 
available for inspection during work hours at the above address.

FOR FURTHER INFORMATION CONTACT:
Mr. Peter L. Regner, Director of Program Services, Federal Mediation 
and Conciliation Service, 2100 K Street, NW., Washington, DC 20427, 
(202) 606-8181.

Executive Order 12291

    This proposed rule is not a ``major rule'' under Executive Order 
12291 because it is not likely to result in (1) an annual effect on the 
economy of $100 million or more (2) a major increase in costs or prices 
for consumers, individual industries. Federal, state, or local 
government agencies, or geographic regions; or (3) a significant 
decline in productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic or export markets. Accordingly, no regulatory impact analysis 
is required.

Regulatory Flexibility Act Certification

    The FMCS finds that this proposed rule will have no significant 
impact upon a substantial number of small entities within the meaning 
of section 3(a) of the Regulatory Flexibility Act, Pub. L. 96-354, 94 
Stat. 164 (5 U.S.C. 605(g)), and will so certify to the Chief Counsel 
for Advocacy of the Small Business Administration. This conclusion has 
been reached because the proposed rule does not, in itself, impose any 
additional economic requirements upon small entities. Accordingly, no 
regulatory flexibility analysis is required.

List of Subjects in 29 CFR Part 1404

    Administrative practice and procedure, Labor management relations.

    The Federal Mediation and Conciliation Service proposes to amend 29 
CFR part 1404 to read as follows:
    1. The authority citation for Part 1404 continues to read as 
follows:

    Authority: 29 U.S.C. 172 and 29 U.S.C. 173 et seq.

    2. By adding Subpart D to read as follows:

Subpart D--Expedited Arbitration

Sec.
1404.17  Policy.
1404.18  Procedures for Requesting Expedited Panels.
1404.19  Arbitration Process.
1404.20  Arbitrator Eligibility.
1404.21  Proper Use of Expedited Arbitration.

Subpart D--Expedited Arbitration


Sec. 1404.17  Policy.

    In an effort to reduce the time and expense of some grievance 
arbitrations, FMCS is offering expedited procedures that may be 
appropriate in certain non-precedential cases or those that do not 
involve complex issues. Expedited Arbitration is intended to be a 
mutually agreed upon process whereby arbitrator appointments, hearings 
and awards are acted upon quickly by the parties, FMCS, and the 
arbitrators. The process is streamlined by mandating short deadlines 
and eliminating requirements for transcripts, briefs and lengthy 
opinions.


Sec. 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 expedited services are desired by both parties, the 
AOAS will refer a panel of arbitrators.
    (c) A panel of arbitrators submitted by the OAS in expedited cases 
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 the 
30 days, the OAS will make a direct appointment of an arbitrator not on 
the original panel.
    (d) If the parties mutually select an arbitrator, but the 
arbitrator is not available, the OAS will make a direct appointment of 
another arbitrator not listed on the original panel.


Sec. 1404.19  Arbitration Process.

    (a) Once notified of the expedited case appointment by the OAS, 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 briefs will not be allowed.
    (d) All awards must be completed within seven (7) working days 
after the hearing. These awards are expected to be brief, concise, and 
not require extensive written opinion or research time.


Sec. 1404.20  Arbitrator eligibility.

    In an effort to increase exposure of new arbitrators, only those 
arbitrators who have been listed on the Roster of Arbitrators for a 
period of five years or less will be deemed automatically eligible for 
the Expedited Arbitration process. However, parties may jointly request 
a larger pool of arbitrators or a direct appointment of any arbitrator 
of their choice who is listed on the Roster.


Sec. 1404.21  Proper Use of Expedited Arbitration.

    (a) FMCS reserves the right to cease honoring requests for 
Expedited

[[Page 35113]]

Arbitration if a pattern of misuse of this process becomes apparent. 
Misuse may be indicated by the parties' frequent delaying of the 
process or referral of inappropriate cases.
    (b) Arbitrators who exhibit a pattern of unavailability for 
appointments or who are repeatedly unable to schedule hearings or 
render awards within established deadlines will, after written warning, 
be considered ineligible for appointment for this service.
John Calhoun Wells,
Director.
[FR Doc. 97-16999 Filed 6-27-97; 8:45 am]
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