TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER a: GENERAL ADMINISTRATIVE RULES
PART 110 ARBITRATION POLICIES, FUNCTIONS, AND PROCEDURES
SECTION 110.90 NOMINATIONS AND DESIGNATIONS OF ARBITRATORS


 

Section 110.90  Nominations and Designations of Arbitrators

 

a)         Upon request, the IAS will submit to the parties the names of five arbitrators unless the applicable collective bargaining agreement as submitted calls for a different number in a panel, or unless the parties themselves request a different number, or unless the agreement or stipulation calls for the IAS to designate the arbitrator.  Together with the submission of a panel, the IAS will provide a biographical sketch for each member of the panel.  This sketch states the background, qualifications, experience, and per diem fee established by the arbitrator.  It states the existence, if any, of other fees such as cancellation, postponement, rescheduling or administrative fees.  (Reference Section 110.130 (b) and (c))

 

b)         When a panel is submitted or an arbitrator designated, an IAS-Department case control number is assigned.  All future communication between the parties and the IAS should refer to the case control number.

 

c)         The IAS considers many factors when selecting names for inclusion on a panel or for designation to a dispute, but the agreed-upon wishes of the parties are paramount.  Special qualifications of arbitrators experienced in certain issues or industries, or possessing certain backgrounds, shall be identified for purposes of submitting panels or designating an arbitrator to accomodate the parties.  The IAS shall also consider such things as industry familiarity, geographical location, general experience, availability, size of fee, and the need to expose new arbitrators to the selection process in preparing panels or designating arbitrators.  The IAS has no obligation to put an individual on any given panel or to designate an individual or place him on a minimum number of panels in any fixed period such as a month or a year.

 

1)         If at any time both parties request, that a name or names be omitted from panels or from designation, such name or names will be omitted, unless such requests are excessive in number.

 

2)         If at any time both parties request that name or names be included on a panel or be designated, such name or names will be included.

 

3)         If only one party requests that a name or names be omitted from a panel, or that specific individuals be added to the panel, or that an individual be designated or not be designated to a dispute, such request shall not be honored.

 

4)         If the issue described in the request appears to require special technical experience or qualifications, arbitrators who possess such qualifications will, where possible, be included on the panel submitted to the parties or be designated.

 

5)         In almost all cases, an arbitrator is chosen from one panel.  However, if either party requests another panel, the IAS shall comply with the request providing that an additional panel is permissible under the terms of the agreement or the other party agrees.  Requests for more than two panels must be accompanied by a statement of explanation and will be considered based on availability of Arbitrators.