[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: 29CFR1420.9]

[Page 61-62]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1420_FEDERAL MEDIATION AND CONCILIATION SERVICE_ASSISTANCE IN THE 
HEALTH CARE INDUSTRY--Table of Contents
 
Sec. 1420.9  FMCS deferral to parties' own private interest arbitration 
procedures.

    (a) The Service will defer to the parties' own privately agreed to 
interest arbitration procedure and decline to appoint a Board of Inquiry 
(BoI) as long as the parties' own procedure meets certain conditions so 
as to satisfy the Service's responsibilities under the Act. The Service 
will decline to appoint BoI if the parties to a dispute have agreed in 
writing to their own interest arbitration procedure which meets the 
following conditions:
    (1) The interest arbitration procedure must provide that there can 
be no strike or lockout and no changes in conditions of employment 
(except by mutual agreement) during the contract negotiation covered by 
the interest arbitration procedure and the period of any subsequent 
interest arbitration proceedings.
    (2) It must provide that the award of the arbitrator(s) under the 
interest arbitration procedure is final and binding on both parties.
    (3) It must provide a fixed and determinate method for selecting the 
impartial interest arbitrator(s).
    (4) The interest arbitration procedure must provide for a written 
award by the interest arbitrator(s).
    (b) The parties to a dispute who have agreed to such an interest 
arbitration procedure should jointly submit a copy of their agreed upon 
procedure to the appropriate regional office of the Service at as early 
a date as possible, but in any event prior to the appointment of BoI by 
the Service. See Sec. 1420.5(f) for the addresses of regional offices.

[[Page 62]]


These new regulations are a part of the Service's overall approach to 
implementing the health care amendments of 1974 in a manner consistent 
with the Congressional intent of promoting peaceful settlements of labor 
disputes at our vital health care facilities. The Service will work with 
the parties in every way possible to be flexible and to tailor its 
approach so as to accommodate the needs of the parties in the interest 
of settling the dispute. This was the motivating principle behind these 
new regulations which permit input by the parties to the Board of 
Inquiry selection and allow the parties to set up their own factfinding 
or arbitration procedures in lieu of the Board of Inquiry procedure. We 
encourage the parties, both unions and management, to take advantage of 
these and other options and to work with the Service to tailor their 
approach and procedures to fit the needs of their bargaining situations.