[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1404.4]

[Page 48]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1404_ARBITRATION SERVICES--Table of Contents
 
        Subpart B_Roster of Arbitrators; Admission and Retention
 
Sec. 1404.4  Roster and status of members.


    (a) The Roster. FMCS shall maintain a Roster of labor arbitrators 
consisting of persons who meet the criteria for listing contained in 
Sec. 1404.5 and who remain in good standing.
    (b) Adherence of standards and requirements. Persons listed on the 
Roster shall comply with FMCS rules and regulations pertaining to 
arbitration and with such guidelines and procedures as may be issued by 
the OAS pursuant to subpart C of this part. Arbitrators shall conform to 
the ethical standards and procedures set forth in the Code of 
Professional Responsibility for Arbitrators of Labor Management 
Disputes, as approved by the National Academy of Arbitrators, Federal 
Mediation and Conciliation Service, and the American Arbitration 
Association.
    (c) Status of arbitrators. Persons who are listed on the Roster and 
are selected or appointed to hear arbitration matters or to serve as 
factfinders do not become employees of the Federal Government by virtue 
of their selection or appointment. Following selection or appointment, 
the arbitrator's relationship is solely with the parties to the dispute, 
except that arbitrators are subject to certain reporting requirements 
and to standards of conduct as set forth in this part.
    (d) Role of FMCS. FMCS has no power to:
    (1) Compel parties to appear before an arbitrator;
    (2) Enforce an agreement to arbitrate;
    (3) Compel parties to arbitrate any issue;
    (4) Influence, alter, or set aside decisions of arbitrators on the 
Roster;
    (5) Compel, deny, or modify payment of compensation to an 
arbitrator.
    (e) Nominations and panels. On request of the parties to an 
agreement to arbitrate or engage in factfinding, or where arbitration or 
factfinding may be provided for by statute, OAS will provide names or 
panels of names for a nominal fee. Procedures for obtaining these 
services are outlined in subpart C of this part. Neither the submission 
of a nomination or panel nor the appointment of an arbitrator 
constitutes a determination by FMCS that an agreement to arbitrate or 
enter factfinding proceedings exists; nor does such action constitute a 
ruling that the matter in controversy is arbitrable under any agreement.
    (f) Rights of persons listed on the Roster. No person shall have any 
right to be listed or to remain listed on the Roster. FMCS retains its 
authority and responsibility to assure that the needs of the parties 
using its services are served. To accomplish this purpose, FMCS may 
establish procedures for the preparation of panels or the appointment of 
arbitrators or factfinders which include consideration of such factors 
as background and experience, availability, acceptability, geographical 
location, and the expressed preferences of the parties. FMCS may also 
establish procedures for the removal from the Roster of those 
arbitrators who fail to adhere to provisions contained in this part.

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