[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: 29CFR1404.12]

[Page 52-53]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1404_ARBITRATION SERVICES--Table of Contents
 
              Subpart C_Procedures for Arbitration Services
 
Sec.  1404.12  Selection by parties and appointments of arbitrators.

    (a) After receiving a panel of names, the parties must notify the 
OAS of their selection of an arbitrator or of the decision not to 
proceed with arbitration. Upon notification of the selection of an 
arbitrator, the OAS will make a formal appointment of the arbitrator. 
The arbitrator, upon notification of appointment, shall communicate with 
the parties within 14 days to arrange for preliminary matters, such as 
the date and place of hearing. Should an arbitrator be notified directly 
by the parties that he or she has been selected, the arbitrator must 
promptly notify the OAS of the selection and his or her willingness to 
serve. If the parties settle a case prior to the hearing, the parties 
must inform the arbitrator as well as the OAS. Consistent failure to 
follow these procedures may lead to a denial of future OAS service.
    (b) If the parties request a list of names and biographical sketches 
rather than a panel, they may choose to appoint and contact an 
arbitrator directly. In this situation, neither the parties nor the 
arbitrator is required to furnish any additional information to FMCS and 
no case number will be assigned.
    (c) Where the parties' collective bargaining agreement is silent on 
the manner of selecting arbitrators, the

[[Page 53]]

parties may wish to consider any jointly determined or one of the 
following methods for selection of an arbitrator from a panel:
    (1) Each party alternately strikes a name from the submitted panel 
until one remains, or
    (2) Each party advises the OAS of its order of preference by 
numbering each name on the panel and submitting the numbered lists in 
writing to the OAS. The name that has the lowest combined number will be 
appointed.
    (3) In those situations where the parties separately notify the OAS 
of their preferred selections, once the OAS receives the preferred 
selection from one party, it will notify the other party that it has 
fourteen (14) days in which to submit its selections. If that party 
fails to respond within the deadline, the first party's choice will be 
honored. If, within 14 days, a second panel is requested and is allowed 
by the collective bargaining agreement, the requesting party must pay a 
fee for the second panel.
    (d) The OAS will make a direct appointment of an arbitrator only 
upon joint request unless authorized by the applicable collective 
bargaining agreement.
    (e) The issuance of a panel of names or a direct appointment in no 
way signifies a determination on arbitrability or an interpretation of 
the terms and conditions of the collective bargaining agreement. The 
resolution of such disputes rests solely with the parties.

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