[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1404.11]

[Page 52]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1404_ARBITRATION SERVICES--Table of Contents
 
              Subpart C_Procedures for Arbitration Services
 
Sec.  1404.11  Nominations of arbitrators.

    (a) The parties may also report a randomly selected panel containing 
the names of seven (7) arbitrators accompanied by a biographical sketch 
for each member of the panel. This sketch states the background, 
qualifications, experience, and all fees as furnished to the OAS by the 
arbitrator. Requests for a panel of seven (7) arbitrators, whether joint 
or unilateral, will be honored. Requests for a panel of other than seven 
(7) names, for a direct appointment of an arbitrator, for special 
qualifications or other service will not be honored unless jointly 
submitted or authorized by the applicable collective bargaining 
agreement. Alternatively, the parties may request a list and 
biographical sketches of some or all arbitrators in one or more 
designated geographical areas. If the parties can agree on the selection 
of an arbitrator, they may appoint their own arbitrator directly without 
any further case tracking by FMCS. No case number will be assigned.
    (b) All panels submitted to the parties by the OAS, and all letters 
issued by the OAS making a direct appointment, will have an assigned 
FMCS case number. All future communications between the parties and the 
OAS should refer to this case number.
    (c) The OAS will provide a randomly selected panel of arbitrators 
located in geographical areas in proximity of the hearing site. The 
parties may request special qualification of arbitrators experienced in 
certain issues or industries or that possess certain backgrounds. The 
OAS has no obligation to put an individual on any given panel or on a 
minimum number of panels in any fixed period. In general:
    (1) The geographic location of arbitrators placed on panels is 
governed by the site of the dispute as stated on the request received by 
the OAS.
    (2) If at any time both parties request that a name or names be 
included, or omitted, from a panel, such name or names will be included, 
or omitted, unless the number of names is excessive. These inclusions/
exclusions may not discriminate against anyone because of age, race, 
color, gender, national origin, disability, or religion.
    (d) If the parties do not agree on an arbitrator from the first 
panel, the OAS will furnish second and third panels to the parties upon 
joint request, or upon a unilateral request if authorized by the 
applicable collective bargaining agreement, and payment of additional 
fees. Requests for second or third panels should be accompanied by a 
brief explanation as to why the previous panel(s) was inadequate. In 
addition, if parties are unable to agree on a selection after having 
received three panels, the OAS will make a direct appointment upon joint 
request.

[62 FR 34171, June 25, 1997, as amended at 70 FR 76399, Dec. 27, 2005]