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ARBITRATION TRENDS - AN AGENCY PERSPECTIVE

NCJ Number
53639
Journal
Labor Law Journal Volume: 29 Issue: 8 Dated: (AUGUST 1978) Pages: 481-486
Author(s)
L L SCHULTZ
Date Published
1978
Length
6 pages
Annotation
SINCE ITS INCEPTION IN 1973, THE OFFICE OF ARBITRATION SERVICES (OAS), FEDERAL MEDIATION AND CONCILIATION SERVICES, HAS CHANGED ITS RESPONSIBILITIES IN THE ARBITRATION PROCESS.
Abstract
CHANGES HAVE BEEN BROUGHT ABOUT BY A RISING CASE LOAD, GREATER IMPACT OF STATUTES AND COURT DECISIONS, INCREASED DEMANDS OF LABOR AND MANAGEMENT, INTERNAL UNION PRESSURES, AND PUBLIC SECTOR PROBLEMS. A NUMBER OF ACTIONS AND REACTIONS ARE DISCUSSED, INCLUDING CASE PROCESSING PROCEDURES; OAS RESPONSIBILITY FOR SCREENING, SELECTION, AND RETENTION OF ARBITRATORS; THE CONTINUING ARBITRATOR-OAS RELATIONSHIP; AND RELATED FUNCTIONS OF OAS. IN CASE PROCESSING, THERE IS NOW LIMITED USE OF THE COMPUTER, SPECIALISTS HAVE BEEN INTRODUCED WITHIN THE OPERATIONS UNIT, AND A 'REQUEST FOR ARBITRATION PANEL' FORM IS NOW USED. AS FOR THE ROSTER OF ARBITRATORS, AN ARBITRATOR REVIEW BOARD WAS ESTABLISHED IN 1976, AND THERE WILL BE CONSTANT REVIEW AND DELETION OF NAMES ON THE ROSTER TO IMPROVE IT. CLOSER RELATIONSHIP BETWEEN THE OAS AND THE ROSTER HAS BEEN ACHIEVED BY ONGOING SYMPOSIA, WORKSHOPS, AND SEMINARS, ALSO A REGULARLY PUBLISHED ARBITRATOR NEWSLETTER. OTHER INNOVATIVE ROLES HAVE BEEN ASSUMED BY THE OAS SUCH AS ITS SUPPORT OF LABOR ARBITRATOR DEVELOPMENT PROGRAMS IN WESTERN NEW YORK, THE UNIVERSITY OF MICHIGAN, AND LOS ANGELES. THESE REQUIRE CAREFUL PLANNING, THE INVOLVEMENT OF AN EDUCATIONAL INSTITUTION, AND FIELD TRAINING. THE AMERICAN ARBITRATION ASSOCIATION HAS ALWAYS ASSISTED AT THE NATIONAL AND THE REGIONAL LEVEL. OAS HAS PROVIDED PANELS OR APPOINTED ARBITRATORS IN THE CONVENTIONAL AD HOC PROCEDURE, HAS STRUCTURED PROCEDURES FOR LABOR CONTRACTS THAT SET UP PRESELECTED ROTATING PANELS; HAS AIDED IN SETTING UP PRESELECTED ROTATING PANELS, AIDED IN SETTING CONDITIONS FOR PERMANENT UMPIRESHIPS, SCREENED ARBITRATORS FOR MULTILOCATION EMPLOYERS AND UNIONS, AND HAS DEVELOPED NATIONAL PANELS OF ARBITRATORS SERVING ON A PERMANENT ROTATING BASIS FOR PUBLIC AND PRIVATE SECTOR CONTRACTS. ALTOGETHER, THE HALLMARK OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE AND ESPECIALLY THE OAS IS ADAPTABILITY. (FCW)