[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: 29CFR1420.1]

[Page 59]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1420_FEDERAL MEDIATION AND CONCILIATION SERVICE_ASSISTANCE IN THE 
HEALTH CARE INDUSTRY--Table of Contents
 
Sec. 1420.1  Functions of the Service in health care industry bargaining 
under the Labor-Management Relations Act, as amended (hereinafter ``the Act'').




Sec.
1420.1 Functions of the Service in health care industry bargaining under 
          the Labor-Management Relations Act, as amended (hereinafter 
          ``the Act'').
1420.2-1420.4 [Reserved]
1420.5 Optional input of parties to Board of Inquiry selection.
1420.6-1420.7 [Reserved]
1420.8 FMCS deferral to parties' own private factfinding procedures.
1420.9 FMCS deferral to parties' own private interest arbitration 
          procedures.

    Authority: Secs. 8(d), 201, 203, 204, and 213 of the Labor 
Management Relations Act, as amended in 1974 (29 U.S.C. 158(d), 171, 
173, 174 and 183).

    Source: 44 FR 42683, July 20, 1979, unless otherwise noted.


    (a) Dispute mediation. Whenever a collective bargaining dispute 
involves employees of a health care institution, either party to such 
collective bargaining must give certain statutory notices to the Federal 
Mediation and Conciliation Service (hereinafter ``the Service'') before 
resorting to strike or lockout and before terminating or modifying any 
existing collective bargaining agreement. Thereafter, the Service will 
promptly communicate with the parties and use its best efforts, by 
mediation and conciliation, to bring them to agreement. The parties 
shall participate fully and promptly in such meetings as may be called 
by the Service for the purpose of aiding in a settlement of the dispute. 
(29 U.S.C. 158(d) and 158(g).).
    (b) Boards of inquiry. If, in the opinion of the Director of the 
Service a threatened or actual strike or lockout affecting a health care 
institution will substantially interrupt the delivery of health care in 
the locality concerned, the Director may establish within certain 
statutory time periods an impartial Board of Inquiry. The Board of 
Inquiry will investigate the issues involved in the dispute and make a 
written report, containing the findings of fact and the Board's non-
binding recommendations for settling the dispute, to the parties within 
15 days after the establishment of such a Board. (29 U.S.C. 183.)