17 NMB No. 54

NMB Release No. 90/16

May 25, 1990

I.   Qualification Based on Experiences in Labor Arbitration or Labor-Management Relations

An individual, not disqualified from consideration pursuant to part III of these guidelines, will be eligible for placement on the NMB's roster of arbitrators if any one of the following conditions are satisfied:

a) Personally has adjudicated and issued at least five (5) written arbitration awards as the arbitrator of record in connection with labor-management disputes.

b) Has ten (10) years of substantive experience in connection with collective bargaining or labor agreement administration in the railroad and/or airline industries?

c) Has fully demonstrated an exceptional understanding of labor-management relations through at least ten (10) years of substantive experience in subject areas particularly relevant to matters arising in dispute resolution in the railroad and/or airline industries.

II.   Qualification Based on Comity with National Academy of Arbitrators

An individual, not disqualified from consideration pursuant to part III of these guidelines, shall be eligible for placement on the NMB's roster of arbitrators if he or she currently is a member in good standing of the National Academy of Arbitrators.

III.   Circumstances Precluding Placement on the NMB's Roster of Arbitrators.

Notwithstanding parts I and II of these guidelines, an individual will not be placed on the NMB's roster if any one of the following disqualifying conditions is application:

a) The individual currently is employed by the United States Government or is an employee of any state, municipal, county or other governmental protectors or possessions. This subpart applies to government employment in a full-time, part time, ad hoc, per diem, or other periodic capacity. Approval of the government employer for the individual to engage in arbitration will not lift or modify this restriction. The receipt of compensation from a governmental entity for service as an arbitrator, fact finder or other neutral, or ad hoc service as an arbitrator in cases in which a government entity is a party, shall not constitute a disqualifying relationship for the purpose of these guidelines.

b) The individual is an employee, officer, trustee, director or otherwise is in a full-time or periodic employment relationship with any labor organization currently representing or seeking to represent employees under the Railway Labor Act (RLA), any carrier subject to the RLA, or any company in which proceeding are pending alleging its coverage by the RLA. Employment with any joint labor/management entity, or as an arbitrator, mediator, conciliator, ombudsman, member/trustee on any pension plan board, or similar service shall not constitute a disqualifying relationship for the purpose of these guidelines.

c) The individual is a partner, associate employee, contractor or otherwise associated in full-time or periodic employment relationship with any law firm, consulting firm, trade association, corporation, or other entity which advocates or seeks to advocate the partisan interests of any labor organization currently representing or seeking to represent employees under RLA, any carrier subject to the RLA, or any company in which proceedings are pending alleging its coverage by the RLA. Employment with any neutral institution such as the National Academy of Arbitrators, the American Arbitration Association or the Industrial Relations Research Association shall not constitute disqualifying relationship for the purpose of these guideline.

d) The individual is a partner, associate, member, employee, contractor or otherwise associated in a full-time or periodic employment relationship with any law firm, consulting firm, trade association, corporation, or other entity which provides or seeks to provide any partisan-oriented services in connection with Labor-management relations in the United States or otherwise including, but not limited to, advocacy, advice, consultation, lobbying or related functions with respect to such services. Activities as ombudsman, arbitrator, mediator, conciliator or other neutral, or service with any association thereof shall not constitute a disqualifying relationship for purposes of these guidelines. Example of such neutral associations include the National Academy of Arbitrator, the American Arbitration Association and the Industrial Relations Research Association.

e) The individual currently is suspended or disbarred from arbitral service following a determination in an appropriate forum that he or she violated the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes.

f) The individual is not "wholly disinterested in the controversy to be arbitrated and impartial and without bias as between the parties" as provided by 45 U.S.C. § 155, Third. The individual is "pecuniarily or otherwise interested in any organization of employees or any carrier" as provided by 45 U.S.C. § 160. Employment with any joint labor/management entity, or as an arbitrator, mediator, conciliator, ombudsman, member/trustee on any pension plan board, or similar service shall not constitute a disqualifying interest for purpose of these guidelines.

g) The individual has failed to comply with the administrative requirements prescribed by the National Mediation Board in connection with the placement or maintenance in the NMB's roster of arbitrators or other applicable NMB administrative requirements associated with the arbitration process.

IV.   Individuals Currently on the NMB's Roster of Arbitrators.

The NMB intends to review the eligibility under these guidelines of those individuals currently on the agency's roster of arbitrators. Individuals currently on the NMB's roster who are in prima facie conflict with part III of these guideline shall be preliminarily suspended from further referral pending consideration of permanent removal from the roster of arbitrators.

By direction of the NATIONAL MEDIATION BOARD.

William A. Gill, Jr.

Executive Director

NMB Release No. 91/38

19 NMB No. 23

NOTICE

To: All NMB Determination Subscribers

From: National Mediation Board

Re: Uniform Guidelines for Placement on the National Mediation Board's Roster of Arbitrators

Date: November 19, 1991

Implementation of the Uniform Guidelines, 17 NMB 203 (1990), has resulted in inquires from arbitrators and the National Academy of Arbitrators. These inquires concern whether faculty member at state, county and city colleges and universities and employees of neutral federal, state and local agencies are disqualified from the Boards Roster of Arbitrators under subdivision III(a) of the Uniform Guidelines. The Board does not intend to exclude otherwise qualified individuals employed at those institutions from its Roster of Arbitrators.

Accordingly, effectively immediately, subdivision III is clarified as follows:

III.   Circumstances Precluding Placement on the NMB's Roster of Arbitrators.

Notwithstanding parts I and II of these guidelines, an individual will not be placed on the NMB's roster if any one of the following disqualifying conditions is application:

a) The individual currently is employed by the United States Government or is an employee of any state, municipal, county or other governmental entity within the United States, it territories, protectorates or possessions. This subpart applies to governmental employment in a full-time, part time, ad hoc, per diem, or other periodic capacity. Approval of the governmental employer for the individual will not lift or modify this restriction. The receipt of compensation from a governmental entity for service as an arbitrator, fact finder, mediator or other neutral, or ad hoc service as an arbitrator in cases in which a government entity is a party, shall not constitute a disqualifying relationship for the purpose of these guidelines. Nor shall employment (full time, part time, ad hoc or other periodic capacity) with and governmental agency mentioned above disqualifying and individual who: (1) serves as a professor or instructor at a public academic institution; (2) serves a neutral at a federal, state or local dispute resolution agency or entity. Federal employees within this exception must comply with all federal ethics rules.

By direction of the NATIONAL MEDIATION BOARD.

William A. Gill, Jr.

Executive Director