24.26.698A PANEL OF ARBITRATORS AND FACT FINDERS
(1) The board shall maintain a panel of qualified labor arbitrators and fact finders for referral, upon request, to the parties to a labor dispute. Panel members are expected to conform to the ethical standards and procedures set forth in the code of professional responsibility for arbitrators of labor disputes as approved by the national academy of arbitrators. The board has established procedures to compile lists and appoint arbitrators or fact finders from such lists and considers such facts as background, experience, availability, acceptability, geographical location and the expressed preferences of the parties.
(2) Persons seeking to be listed on the panel must complete and submit an application form. The form may be obtained from the board offices, 1805 Prospect Avenue, Helena, or by writing to the board, P.O. Box 1728, Helena, MT 59624-1728. Upon receipt of an executed form, the board will review the application, assure that it is complete, and make any necessary inquiries. The board will review the completed application in light of the criteria set forth below and will decide whether an applicant should be listed on the panel. Each applicant will be notified in writing of the board's decision.
(3) Applicants will be accepted on the panel if they:
(a) (i) are experienced in decision-making roles in the resolution of labor-management disputes; or
(ii) have extensive experience in relevant positions in collective bargaining; and
(b) are capable of conducting an orderly hearing, can analyze testimony and exhibits; and
(c) can prepare clear and concise findings and awards within reasonable time limits.
(4) The qualifications listed in subsection (3) of this rule are best demonstrated by the submission of actual arbitration awards and/or fact finding reports prepared by the applicant while serving as an impartial arbitrator chosen by the parties to disputes. Equivalent experience acquired in training, internship or other development programs, or experience such as that acquired as a hearing officer or judge in labor relations controversies also may be considered by the board.
(5) No advocate shall be listed on the panel. An advocate is a person who represents employers or labor organizations, as an employee, attorney or consultant, in matters related to collective bargaining. A person who was not an advocate when listed may not continue to be listed after becoming an advocate and must notify the board of such change in status immediately.
(6) Initial listing on the panel may be for a period not to exceed 3 years and may be renewed for periods not to exceed 2 years, provided upon review the listing is not canceled by the board as set forth below. Notice of cancellation may be given to the member whenever the member:
(a) no longer meets the criteria for admission;
(b) has been repeatedly and flagrantly delinquent in submitting awards;
(c) has refused to make reasonable and periodic reports to the board as required;
(d) has been the subject of complaints by parties who use board panels and the board, after appropriate inquiry, concludes that just cause for cancellation has been shown; or
(e) is determined by the board to be unacceptable by the parties, based on board records showing the number of times the arbitrator or fact finder's name has been proposed to the parties and the number of times the person has been selected.
(7) When, pursuant to a request, the board submits a list of arbitrators or fact finders to the parties to a dispute, the names on the lists shall be drawn at random from the panel described above. However, the board will attempt to comply with a joint request of the parties to restrict the lists in any of the following ways:
(a) only arbitrators who are listed on the labor arbitration panel of the American arbitration association or the federal mediation and conciliation service or who are members of the national academy of arbitrators;
(b) only arbitrators whose resumes filed with the board show that they are engaged exclusively or primarily in the practice of arbitration or fact finding; or
(c) only arbitrators who reside in Montana.
(8) If they desire, the parties may jointly request a second list of arbitrators or fact finders. A second list will consist of names drawn at random from the panel without regard to any restrictions requested by the parties.
(9) Arbitrators and fact finders selected by the parties pursuant to referral of their name by the board shall notify the board of acceptance of appointments, scheduling of hearing, continuances or postponements, and cancellations.
(10) Arbitrators and fact finders listed on the panel shall provide the board with one copy of all written decisions or recommendations issued.
(11) Nothing contained herein should be construed to limit the right of parties to select jointly any arbitrators or arbitration procedure acceptable to them.
History: Sec. 39-31-104, MCA; IMP, Sec. 39-31-308 and 39-31-310, MCA; NEW, 1993 MAR p. 3026, Eff. 1/1/94.