Section 6-B566. LIST OF NEUTRALS

 

566.1The Board shall establish and maintain a list of persons qualified to act as neutrals in resolving disputes. The list shall specify, for each person, the capacities (i.e. mediator, fact-finder, arbitrator, hearing examiner) for which that person is qualified. Unless otherwise specified by these rules or the parties’ mutual agreement, the selection of mediators, fact-finders and arbitrators shall be made in order from the list of neutrals maintained by the Board, assuming the availability of the selected neutral. Nomination of a person to the list referred to in this section may be made by a member of the Board, the Executive Director, or any other person including the nominee, by writing to the Executive Director. The nomination shall include the following information:

 

(a)The name, occupation, residence, and business address and telephone numbers of the nominee;

 

(b)A brief statement of the nominee’s related experience and education that serve as qualifications for appointment;

 

(c)Any relevant professional, civic, or social association memberships of the nominee;

 

(d)The name, address, telephone number and occupation of the nominator (if different from the nominee);

 

(e)A statement of the association between the nominator and the nominee (where they are different persons) and of its duration; and

 

(f)A statement of any association the nominee has or had, other than as a neutral, with an agency or with a labor organization that represents or seeks to represent employees in the District of Columbia Government.

 

566.2In making appointments to the list, the Board shall consider such factors as experience and training, membership on other recognized mediation or arbitration panels, education, prior published awards, current advocacy in employment relations matters, potential conflicts of interest, letters of recommendations supporting the application and any other relevant material supplied by the applicant or requested by the Board. Special consideration will be granted to applicants who are residents of the District of Columbia.

 

566.3Every person appointed to the list shall file a fee schedule with the Board. An individual on the list who is selected to serve in a case as a mediator, fact finder or arbitrator, shall not charge a fee greater than that listed in the fee schedule he or she has filed with the Board. A minimum of thirty (30) days prior written notice shall be given to the Board of changes in fee schedules.

 

566.4Requests for panels from the Board’s list shall be submitted on a form developed by the Board and shall include the following:

 

(a)The name, address, and telephone number of the party or parties submitting the request and of any other party to the matter;

 

(b)The name, address, and telephone number of a party or all parties’ representative;

 

(c)The type of service requested; and

 

(d)A brief description of the nature of the dispute, including unresolved issues, to the extent known.

 

566.5Whenever the Board provides parties with a panel selected from the list, the Board shall also provide copies of the biographical sketches and fee schedules of the panelists.

 

566.6Parties may jointly request that panels submitted to them contain or omit specific individuals. No party may unilaterally make such a request.

 

 

authority

Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-605.02(11) (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).