[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: 29CFR1420.5]

[Page 60-61]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1420_FEDERAL MEDIATION AND CONCILIATION SERVICE_ASSISTANCE IN THE 
HEALTH CARE INDUSTRY--Table of Contents
 
Sec.  1420.5  Optional input of parties to Board of Inquiry selection.

    The Act gives the Director of the Service the authority to select 
the individual(s) who will serve as the Board of Inquiry if the Director 
decides to establish a Board of Inquiry in a particular health care 
industry bargaining dispute (29 U.S.C. 183). If the parties to 
collective bargaining involving a health care institution(s) desire to 
have some input to the Service's selection of an individual(s) to serve 
as a Board of Inquiry (hereinafter ``BoI''), they may jointly exercise 
the following optional procedure:
    (a) At any time at least 90 days prior to the expiration date of a 
collective bargaining agreement in a contract renewal dispute, or at any 
time prior to the notice required under clause (B) of section 8(d) of 
the Act (29 U.S.C. 158(d)) in an initial contract dispute, the 
employer(s) and the union(s) in the dispute may jointly submit to the 
Service a list of arbitrators or other impartial individuals who would 
be acceptable BoI members both to the employer(s) and to the union(s). 
Such list submission must identify the dispute(s) involved and must 
include addresses and telephone numbers of the individuals listed and 
any information available to the parties as to current and past 
employment of the individuals listed. The parties may jointly rank the 
individuals in order of preference if they desire to do so.
    (b) The Service will make every effort to select any BoI that might 
be appointed from that jointly submitted list. However, the Service 
cannot promise that it will select a BoI from such list. The chances of 
the Service finding one or more individuals on such list available to 
serve as the BoI will be

[[Page 61]]

increased if the list contains a sufficiently large number of names and 
if it is submitted at as early a date as possible. Nevertheless, the 
parties can even preselect and submit jointly to the Service one 
specific individual if that individual agrees to be available for the 
particular BoI time period. Again the Service will not be bound to 
appoint that individual, but will be receptive to such a submission by 
the parties.
    (c) The jointly submitted list may be worked out and agreed to by 
(1) A particular set of parties in contemplation of a particular 
upcoming negotiation dispute between them, or (2) a particular set of 
parties for use in all future disputes between that set of parties, or 
(3) a group of various health care institutions and unions in a certain 
community or geographic area for use in all disputes between any two or 
more of those parties.
    (d) Submission or receipt of any such list will not in any way 
constitute an admission of the appropriateness of appointment of a BoI 
nor an expression of the desirability of a BoI by any party or by the 
Service.
    (e) This joint submission procedure is a purely optional one to 
provide the parties with an opportunity to have input into the selection 
of a BoI if they so desire.
    (f) Such jointly submitted lists should be sent jointly by the 
employer(s) and the union(s) to the appropriate regional office of the 
Service. The regional offices of the Service are as follows:

    1. Eastern Region:
    Address: Jacob K. Javits Federal Building, 26 Federal Plaza, Room 
2937, New York, NY 10278.
    Consists of: Maine, New Hampshire, Vermont, Connecticut, Rhode 
Island, Massachusetts, New York, Puerto Rico, the Virgin Islands, 
Pennsylvania, Delaware, New Jersey, Garrett and Alleghany Counties of 
Maryland; and Brooke and Hancock Counties of West Virginia.
    2. Central Region:
    Address: Insurance Exchange Building, Room 1641, 175 W. Jackson 
Street, Chicago, IL 60604.
    Consist of: Illinois (except counties listed under the Southern 
Region); Indiana (except counties listed under Southern Region); 
Wisconsin, Minnesota, North Dakota, South Dakota, Michigan, and Ohio 
(except counties listed under the Southern Region).
    3. Southern Region:
    Address: Suite 400, 1422 W. Peachtree St., NW., Atlanta, GA 30309.
    Consists of: Virginia, Maryland (except counties listed under the 
Eastern Region); Tennessee; North Carolina; South Carolina; Georgia; 
Alabama; Florida; Mississippi; Louisiana; Arkansas; Kentucky; Texas 
(except for Hudspeth and El Paso counties); Oklahoma; Missouri (except 
for those counties listed for the Western Region); Illinois (in counties 
of Calhoun, Greene, Jersey, McCoupin, Montgomery, Fayette, Bond, 
Madison, St. Clair, Monroe, Clinton, Washington, Marion, White, 
Hamilton, Wayne, Edwards, Wabash, Lawrence, Richland, Clay, Effingham, 
Jasper, and Crawford); Indiana (the counties of Knox, Daviess, Martin, 
Orange, Washington, Clark, Floyd, Harrison, Crawford, Perry, Spencer, 
DuBois, Pike, Gibson, Posey, Vanderburgh, and Warrick); Ohio (the 
counties of Butler, Hamilton, Warren, Clermont, Brown, Highland, 
Clinton, Ross, Pike, Adams, Scioto, Lawrence, Ballia, Jackson, Vinton, 
Hocking, Athens, and Meigs); Kansas (the counties of Bourbon, Crawford, 
Cherokee, and Ottawa); West Virginia (except counties listed under the 
Central Region); and the Canal Zone.
    4. Western Region:
    Address: Francisco Bay Building, Suite 235, 50 Francisco Street, San 
Francisco, CA 94133.
    Consists of: California; Nevada; Arizona; New Mexico; El Paso and 
Hudspeth Counties (only) in Texas; Hawaii; Guam; Alaska; Washington; 
Oregon; Colorado; Utah; Wyoming; Montana; Idaho; Nebraska; Kansas; Iowa; 
Missouri (the counties of Atchinson, Nodaway, Worth, Harrison, Mercer, 
Putnam, Schuyler, Scotland, Knox, Adair, Sullivan, Grundy, Daviess, 
Gentry, DeKalb, Andrew, Holt, Buchanan, Clinton, Caldwell, Livingston, 
Linn, Macon, Shelby, Randolph, Chariton, Carrol, Ray, Clay, Platte, 
Jackson, Lafayette, Saline, Howard, Boon, Cooper, Pettis, Johnson, Cass, 
Bates, Henry, St. Clair, Benton, and Morgan); American Somoa; and Wake 
Island.

[44 FR 42683, July 20, 1979, as amended at 47 FR 10530, Mar. 11, 1982]