[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR269.4]

[Page 836-837]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 269--POLICY ON LABOR RELATIONS FOR THE FEDERAL RESERVE BANKS--Table of Contents
 
Sec. 269.4  Determination of appropriate bargaining unit.

    (a) If a labor organization asserts in writing to a Bank that it 
holds cards requesting a representation election signed by at least 
thirty percent (30%) of the employees in a unit which that organization 
considers to be an appropriate bargaining unit, the labor organization 
and the Bank shall each designate a representative who together shall 
request the American Arbitration Association (hereinafter referred to as 
``Association'') to submit to them from its National Panel of 
Professional Labor Arbitrators a list of seven (7) impartial, qualified 
professional arbitrators. The two designated representatives shall meet 
promptly and, by alternately striking names from the list, arrive at the 
remaining person who, together with the two representatives, shall 
constitute a Special Tribunal to rule on the labor organization's 
request for an election. The impartial arbitrator shall always act as 
the Chairperson of any Special Tribunal duly constituted under this 
section.
    (b) In the absence of an agreement between the labor organization 
and the Bank on the appropriate unit, the Tribunal shall investigate the 
facts, hold hearings if necessary, and issue a decision as to the 
appropriateness of the unit for the purposes of conducting a 
representation election for exclusive recognition and as to related 
issues submitted for consideration. The expenses for this proceeding, 
including the fees of the association and of the arbitrator, shall be 
borne equally by the labor organization and the Bank. If either the Bank 
or the labor organization should disagree with the Special Tribunal's 
decision, the party in disagreement may appeal within thirty (30) 
calendar days to the Federal Reserve System Labor Relations Panel 
referred to in Sec. 269.11, and the decision

[[Page 837]]

of the System Panel shall be final and binding on the parties.
    (c) If there is any dispute as to whether a labor organization holds 
cards signed by at least thirty percent (30%) of the employees in a unit 
claimed by a labor organization as appropriate or subsequently 
determined by the Special Tribunal as appropriate, the dispute shall be 
resolved by the Chairperson of the Special Tribunal, acting as a single 
impartial arbitrator. The expenses of such procedure, including the 
impartial arbitrator's fee, shall be borne equally by the labor 
organization and the Bank. The decision of the Chairperson of the 
Special Tribunal shall be final and binding and shall not be subject to 
appeal to the Federal Reserve System Labor Relations Panel.