§ 1404.6 Nominations of arbitrators.

When the parties have been unable to agree on an arbitrator, the Service will submit to the parties the names of three, five, seven or more arbitrators, as requested, or will make a direct appointment upon being duly advised that a panel is not desired. Together with the submission of a panel of suggested arbitrators, the Service furnishes a short statement of the background, qualifications, and experience of each of the nominees. In selecting names for inclusion on a panel, the Service considers many factors, but the desires of the parties are, of course, the foremost consideration. If at any time a company or a union, or both, suggests that a name or names be omitted from a panel, such name or names will generally be omitted. The Service will not, however, place names on a panel at the request of one party unless the other party has knowledge of such request and has no objection thereto, or unless both parties join in such request. 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 in the list submitted to the parties. Where the parties expressly request that the list be composed entirely of technicians, or that it be all-local or non-local, such request will be honored, if qualified arbitrators are available. Two of the methods of selection from a panel are (a) at a joint meeting, alternately striking names from the submitted panel until one remains, and (b) each party separately advising the Service of its order of preference by numbering each name on the panel. In almost all cases, an arbitrator is chosen from one panel of names. However, if a request for another panel is made, the Service will comply with the request, providing that additional panels are permissible under the terms of the agreement or the parties so stipulate. Subsequent adjustment of disputes is not precluded by the submission of a panel or an appointment. A substantial number of issues are being settled by the parties themselves after the initial request for a panel and after selection of the arbitrator. Notice of such settlement should be sent promptly to the arbitrator and to the Service. The arbitrator should be compensated whenever he receives insufficient notice of set

tlement to enable him to rearrange his schedule of arbitration hearings or working hours.

§ 1404.7 Appointment of arbitrators.

After the parties notify the Service of their selection, the arbitrator is appointed by the Director. If any party fails to notify the Service within 15 days after the date of mailing the panel, all persons named therein shall be deemed acceptable to such party. The arbitrator, upon appointment notification, is requested to communicate with the parties immediately to arrange for preliminary matters such as date and place of hearing. There is an advantage to the parties of advising the Service of the arbitrator selected, as the standards and procedures established by the Service, including those governing the range of fees, apply to the appointed arbitrator. Also, the names of arbitrators who have not completed a pending arbitration are not ordinarily included on panels requested by the same parties.

§ 1404.8 Status of arbitrators after appointment.

After appointment, the legal relationship of arbitrators is with the parties rather than the Service, though the Service does have a continuing interest in the proceedings. Industrial peace and good labor relations are enhanced by arbitrators who function justly, expeditiously and impartially so as to obtain and retain the respect, esteem and confidence of all participants in the arbitration proceedings. The conduct of the arbitration proceeding is under the arbitrator's jurisdiction and control, subject to such rules of procedure as the parties may jointly prescribe. He is to make his own decisions and write his own opinions based on the record in the proceedings. He may not delegate this duty and responsibility to others in whole or in part without the knowledge and prior consent of both parties. The powers of the arbitrators may be exercised by a majority unless otherwise provided by agreement or by law, and, unless prohibited by law, they may proceed in the absence of any party who, after due notice, fails to be present or to obtain a postponement. The award, however, must be supported by evidence as an award cannot be based solely upon the default of a party.

§ 1404.9 Prompt decision.

Early hearing and decision of industrial disputes is desirable in the interest of good labor relations. The parties should inform the Service whenever a decision is unduly delayed The Service expects to be notified if and when (a) an arbitrator cannot schedule, hear and determine issues promptly, and (b) he is advised that a dispute has been settled by the parties prior to arbitration. The arbitrator is also expected to keep the Service informed of changes in address, occupation or availability, and of any business connection with or of concern to labor or management. The award shall be made not later than thirty (30) days from the date of the closing of the hearing, or the receipt of a transcript and any posthearing briefs, or if oral hearings have been waived, then from the date of receipt of the final statements and proof by the arbitrator, unless otherwise agreed upon by the parties or specified by law. However, a failure to make such an award within thirty (30) days shall not invalidate an award. The Service, however, when nominating arbitrators, takes notice of any arbitrator's failure to comply with its policies and procedures. The parties can expedite awards. They may advise the Service and the arbitrator if an early decision is desired. If such notice is given, the Service will so advise the arbitrator at the time of his appointment. The parties can also request that an opinion follow the award, or that an opinion be omitted in appropriate cases. The parties may also provide in their agreement or in their arbitration stipulation or request that an award must be rendered within a fixed time after the close of the hearing in order to be valid, unless the time is enlarged by agreement of the parties. Such a provision, however, would operate to nullify an award made after such period of time and should therefore be carefully drafted so as not to cause hasty and ill-considered decisions.

§ 1404.10 Importance of impartiality.

Interviews with or communications by the arbitrator to and from one party without the knowledge and consent of the other party, are easily misunderstood and should be avoided since they can result in a loss of confidence in the integrity,

fairness and judgment of the arbitrator. Likewise, the arbitrator should refrain from giving unsolicited advice in his opinion, or award or other document for the same reason. Arbitrators are called upon to decide issues which the parties have been unable to resolve and, consequently, difficult decisions are inevitable. Their acceptability can be advanced not alone by the soundness of the decisions, but also by the orderly and impartial manner in which the entire arbitration proceeding is conducted.

§ 1404.11 Arbitrator's award and report.

At the conclusion of the hearing and after the award has been submitted to the parties, each arbitrator is required to file a copy with the Service. The Service then evaluates awards with a view to determining whether they meet the accepted professional standards as to form, clarity and logic. The arbitrator is further required to submit a report showing a breakdown of his fees and expense charges so that the Service may be in a position to check conformance with its fee policies. Cooperation in filing both award and report within fifteen (15) days after handing down the award is expected of all arbitrators. It is the policy of the Service not to release arbitration decisions for publication without the consent of both parties. Furthermore, the Service expects the arbitrators it has nominated or appointed not to give publicity to awards they may issue, except in a manner agreeable to both parties.

§ 1404.12 Fees of arbitrators.

No administrative or filing fee is charged since the Service is required by law to provide such facilities. The current policy of the Service permits its nominees or appointees to charge a fee for their services not exceeding $150 per day. The Service expects its arbitrators in fixing the fee for a case to give due consideration to the financial condition of each party, the accepted standards for the area in which the dispute arises, the complexity of the issues involved and the length of time consumed preliminary to and in the course of the hearing; in the study of the evidence and preparation of the award. In those rare instances where arbitrators fix wages or other terms of a new contract, the re

sponsibilities involved are so grave that the arbitrators are not subject to the above fee restriction. The parties may prefer to agree with the arbitrator upon a fixed fee in advance of the arbitration. This, however, could result in unnecessarily prolonging an arbitration hearing. The parties can reduce the cost of arbitration by the careful preparation of exhibits and evidence and by the stipulation of undisputed facts. The parties may also stipulate that the arbitrator devote not more than a specified number of days to the study and preparation of the opinion and award. There is, however, some risk in so doing since the award and opinion may not be satisfactory or sufficiently clear if such restriction is made in other than simple, routine cases. The Service is not concerned with whether the fees and expenses of the arbitrator are paid by only one of the parties or are divided between them. Nevertheless, unless the parties agree otherwise, (a) the fee and expenses of the arbitrator shall be paid equally by the parties, (b) the expenses of witnesses for either side shall be paid by the parties producing such witnesses, (c) the total cost of the stenographic record, if any is made, and all transcripts thereof, shall be prorated equally by all parties ordering copies, and (d) the expenses of any

witnesses or the cost of any briefs produced at the direct request of the arbitrator, shall be borne equally by the parties unless the arbitrator in his award assesses such expenses or any part thereof against any specified party or parties. § 1404.13 Conduct of hearings.

The Service does not prescribe detailed or specific rules of procedure for the conduct of an arbitration proceeding because it favors flexibility in labor relations. It believes that the parties and experienced arbitrators know best how arbitration proceedings should be conducted if wise decisions and industrial peace are to be achieved. Questions such as hearing rooms, submission or prehearing or post-hearing briefs, and recording of testimony, are left to the discretion of the individual arbitrator and the parties. The Service does, however, expect its arbitrators and the parties to conform to applicable laws, and to be guided by ethical and procedural standards as codified by appropriate professional organizations and generally accepted by the industrial community and experienced arbitrators. In cities where the Service maintains offices, the parties are welcome upon request to the Service to use its conference rooms when they are available.

Sec.

1500.54 Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill (Order 4). 1500.55 Occupations involved in the operation of power-driven woodworking machines (Order 5). 1500.56 Occupations chart applying to Hazardous-Occupations Orders Nos. 4 and 5 (§§ 1500.54 and 1500.55). 1500.57 Exposure to radioactive substances and to ionizing radiations (Order 6).

1500.58 Occupations involved in the operation of power-driven hoisting apparatus (Order 7).

1500.59 Occupations involved in the operation of power-driven metal forming, punching, and shearing machines (Order 8).

1500.60 Occupations in connection with mining, other than coal (Order

9).

1500.61 Occupations involving slaughtering, meat packing or processing, or rendering (Order 10).

1500.62 Occupations involved in the operation of bakery machines (Order 11).

1500.63 Occupations involved in the operation of paper-products machines (Order 12).

1500.64 Occupations involved in the manufacture of brick, tile, and kindred products (Order 13).

1500.65 Occupations involved in the operation of circular saws, band saws, and guillotine shears (Order 14). 1500.66 Occupations involved in wrecking, demolition, and shipbreaking operations (Order 15).

1500.67 Occupations in roofing operations (Order 16).

1500.68 Occupations in excavation operations (Order 17).

Subpart F-Utilization of State Agencies for Investigations and Inspections 1

1500.48 Special requests.

1500.84

1500.85

1500.86

Audits.

Subpart E-Occupations Particularly Hazardous

1500.87

for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their Health or Well-Being

1500.88

1500.89

1500.90

Agreements and approved plans. Amendments and repeal.

1500.50 1500.51

General.

Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components (Order 1).

1500.52 Motor-vehicle driver and helper (Order 2).

1500.53 Coal-mine occupations (Order 3).

Subpart G-General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended GENERAL

1500.101 Introductory statement.

1 The regulations in this subpart are also codified as Part 515 of this title.