The Process of Selecting the Arbitrator
The Labor and management have an influence in the selection and the compensation of the arbitrator. The steps in selecting an Arbitrator are as follows; *
Step 1: At request of parties, tribunal sends a list of proposed arbitrators *
Step 2: Parties are given seven days to study the list, cross-off unacceptable names, and rank remaining names *
Step 3: Additional names submitted to parties if no mutually acceptable names identified *
Step 4: If parties cannot agree on a mutually acceptable name, tribunal will make an administrative appointment
The general source of securing a list of arbitrators is through impartial agency (Federal Mediation and Conciliation Service (FMCS); American Arbitration Association (AAA)) and through state and local agencies. There are three procedures in the selection of the arbitrator, which are the striking method, striking and ranking, or by requesting a direct appointment.
With the striking method, the names are eliminated from a list until there is only one arbitrator’s name that remains. The striking and ranking also eliminates the names from a list; however, it then selects the highest-ranked name that is still remaining. Finally, an arbitrator can be selected through requesting a direct appointment.
A Permanent Arbitrator or Umpire is an arbitrator who will resolve all disputes during the life of a labor agreement. This permanent status allows the arbitrator to become intimately knowledgeable about the industry, the company, and the union, and helps in providing a stable union-management relationship. The arbitrator’s jurisdiction evolves from the collective bargaining agreement, with most arbitrators being selected on an ad hoc basis. With the ad hoc basis, the arbitrator is selected on a case-by-case basis, which provides flexibility in the use of different arbitrators in addressing specific grievance issues.
The prehearing activities for the...
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