The Arbitration and Mediation Service (AMS) is a for-profit
firm which has as part of its dispute resolution mission to assist the labor
arbitration process by making available to the labor/management community the
following service: Upon request, to timely send out to the parties in
dispute an arbitrator list consisting mostly of very experienced, veteran labor
arbitrators for their consideration in making a joint selection.
AMS LABOR ARBITRATION RULES
When the parties agree to arbitrate under these rules, they
accordingly authorize AMS to administer the arbitrator appointment
process. The authority and
obligations of the administrator are as provided for in the agreement of the
parties and these rules.
AMS has established a national Panel of very experienced
labor arbitrators from which an arbitrator shall be appointed.
Agreement of the Parties
The parties shall be deemed to have made these rules a part
of their arbitration agreement whenever, in a collective bargaining agreement
or in a written submission, they have provided for arbitration under the
auspices of AMS. These rules shall
apply in the form obtaining when the arbitration is initiated. By written agreement, the parties may
vary what is set forth in these rules.
Initiation under an Arbitration Clause Contained in a Collective
Arbitration under an arbitration clause contained in a
collective bargaining agreement which refers to these rules may be initiated by
filing with AMS in writing, including a copy of the labor agreement or the
arbitration clause portion.
Initiation under a Submission
Parties to any collective bargaining agreement may initiate
arbitration by submitting to AMS a jointly signed, written agreement to
arbitrate under these rules.
Shortly after the filing of a joint submission – or a demand
by way of a collective bargaining agreement, arbitration clause naming AMS –
AMS will simultaneously send to each party a randomly selected, identical list
of nine (9) arbitrators from its national panel. Each party shall then have fourteen (14) days from the day
when the list is sent out in which to strike the name of any arbitrator
appearing on the list who it objects to, number the remaining arbitrators in
order of preference, and return the list to AMS. If either party fails to return the list within the
specified time period, all arbitrators on the list will be deemed accepted.
If the first list of arbitrators fails to result in the
joint selection of an arbitrator, the above procedure will be repeated. Should the second list not result in a
joint selection, AMS will appoint an arbitrator from its national panel of
labor arbitrators in accordance with the following:
AMS shall submit a
list of four (4) additional arbitrators from which it will make an appointment.
In doing so and before an appointment is finalized, the
parties will be given an opportunity to raise a factual objection as to why any
of the arbitrators appearing on this final list of 4 should not be appointed.
Following completion of the labor arbitrator selection and
appointment process, AMS will so inform the parties and the arbitrator. This will complete the involvement of
AMS in the matter. In the event
the parties on their own make a joint selection after having received a list
from AMS, they are to notify both the selected arbitrator and AMS.
If the collective bargaining agreement names AMS and
specifies another appointment procedure at variance with these rules, that
procedure shall be followed.
If an appointed arbitrator should resign, die, or otherwise
be unable to perform the duties of the office, AMS shall declare the office
vacant. Vacancies shall be filled
in the same manner as that governing the making of the original appointment or
in accordance with Rule VI.
The award shall be rendered promptly by the arbitrator and,
unless otherwise agreed by the parties or specified by law, no later than
thirty (30) days from the date when the hearing record is declared closed;
either at the conclusion of the oral hearing or upon receipt of briefs. If the holding of an oral hearing is
waived, the award shall be rendered no later than thirty (30) days from the
date when the written statements and proofs are submitted to the arbitrator,
unless otherwise agreed by the parties or specified by law.
Extension of Time
The parties, by mutual agreement, may modify any herein time
period. AMS or the arbitrator may
for good cause extend any period of time established by these rules, except the
time for rendering the award.
X. Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules insofar
as they relate to his/her powers and duties. Otherwise, these rules shall be interpreted and applied by
Proceedings and Exclusion of Liability
(a) Neither AMS nor any arbitrator involved in an AMS
arbitration is a necessary party to a related judicial proceeding.
(b) Neither AMS nor any arbitrator shall be liable to any
party for an act or omission in connection with an arbitration conducted under
XII. FEES 1.
The AMS, administrative fee is $150 for each party. This is due and payable at the time of
filing. There shall be no
administrative fee refund in the event of a withdrawal or settlement after
Unless otherwise agreed, arbitrator compensation and
reimbursement for expenses shall be equally shared by the parties in accordance
with the fee schedule set forth in the AMS, arbitrator biographical summary