(a) The Roster. FMCS shall maintain a Roster of labor arbitrators consisting of persons who meet
the criteria for listing contained in § 1404.5 and who remain in good standing.
(b) Adherence to standards and requirements. Persons listed on the Roster shall comply with FMCS rules and regulations pertaining
to arbitration and with such guidelines and procedures as may be issued by OA pursuant
to subpart C of this part. Arbitrators shall conform to the ethical standards and procedures set forth in the
Code of Professional Responsibility for Arbitrators of Labor Management Disputes,
as approved by the National Academy of Arbitrators, FMCS, and the American Arbitration
Association (“the Code”).
(c) Status of arbitrators. Persons who are listed on the Roster and are selected or appointed to hear arbitration
matters or to serve as factfinders do not become employees of the Federal Government
by virtue of their selection or appointment. Following selection or appointment, the arbitrator's relationship is solely with
the parties to the dispute, except that arbitrators are subject to certain reporting
requirements and to standards of conduct as set forth in this part.
(d) Rights of persons listed on the Roster. No person shall have any right to be listed or to remain listed on the Roster. FMCS retains its authority and responsibility to assure that the needs of the parties
using its services are served. To accomplish this purpose, FMCS may establish procedures for the preparation of
panels or the appointment of arbitrators or factfinders that include consideration
of such factors as background and experience, availability, acceptability, geographical
location, and the expressed preferences of the parties.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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