Arbitrator Selection and Site/Timing of the Hearing. A. Within six (6) months of invoking arbitration, the invoking party will request the Federal Mediation and Conciliation Service (FMCS) to provide a list of seven (7) impartial qualified persons to act as arbitrators. The invoking party will request a preference to FMCS that the arbitrators on the list are based within 125 miles of the location in which the hearing will be held. The arbitrator shall be selected from a Washington D.C. area FMCS list based within sixty (60) miles for national arbitrations. The invoking party will request that the FMCS serve a copy of the panel list on both parties (Union and Management). The invoking party will pay the FMCS fee. If either Party refuses to participate in the selection of an arbitrator, then the other Party may select the arbitrator.
B. The Parties agree that virtual arbitration hearings are the default unless otherwise determined by the arbitrator or both Parties agree an in-person arbitration is appropriate. In-person hearings will be held within the commuting area of the site of the dispute. For grievances regarding individual employees, the site of the dispute is defined as the location of the Official Agency Worksite to which the grievant reports. An exception to holding the hearing at the Official Agency Worksite is if the majority of witnesses are located outside of the local commuting area. In this circumstance, the site of the dispute is where the majority of witnesses are located.
C. If the parties agree or an arbitrator determines a hearing is in person, the Agency will secure a location for the hearing within the Agency’s facilities. If this is not possible, the Agency is responsible for securing a location. Agency employees travelling to and from in- person hearings will adhere to relevant travel regulations.
D. Once an arbitrator is selected the parties will sign the FMCS arbitration form letter and the invoking party will mail or email it back to the FMCS within five (5) calendar days and provide a copy to the other party. The parties will ensure that the listed names, addresses, emails and phone numbers of the applicable Union and management representatives are correct.
E. Subject to arbitrator availability, the hearing with the arbitrator will normally be scheduled and held within sixty (60) days of the notice to invoke arbitration. Upon selection of an arbitrator, the arbitrator will offer dates for the hearing and then the representatives of the parties will communicate with the arbitrator a...
Arbitrator Selection and Site/Timing of the Hearing
