| ARBITRATOR AND FACTFINDER PANEL INFORMATION |
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Contract Grievances, Voluntary Factfinding and Interest Arbitrations
The State Conciliation Service maintains a panel of Factfinders and Arbitrators for referral, upon request, to parties in contract grievance, voluntary factfinding and interest arbitration disputes. Members are appointed to and retained on the panel under the criteria established in OAR 115-40-040. The Conciliation Service provides lists of panel members to parties without charge.
Parties may obtain a list of arbitrators by sending a written request to the State Conciliator. OAR 115-40-032. The names for the list will be drawn randomly from the panel. In requesting a list for a grievance arbitration, parties should identify any specific contract requirements related to the list to be issued, including the number of arbitrators to be included on the list.
Parties may jointly request an arbitrator list restricted to: arbitrators listed on the American Arbitration Association Labor Panel; arbitrators whose resumes show they are engaged exclusively or primarily in the practice of arbitration or mediation; arbitrators who reside in Oregon; or arbitrators who reside in Oregon or Washington. In an interest arbitration, parties may jointly request a list restricted to arbitrators who have issued at least two factfinding decisions or interest arbitration awards under Oregon law.
An Arbitrator Subpoena Form and Arbitrator Subpoena Duces Tecum Form are available for use under ORS 243.706(7). Parties are not required to use these specific forms in issuing subpoenas.
Teacher Layoff/Recall Arbitration
Pursuant to ORS 342.934(7), the Employment Relations Board has adopted rules that govern arbitration procedures for the reduction or recall of teacher staff due to funding or administrative decision. OAR 115-85-000 to 115-85-010. These arbitration procedures are applicable when an alternate procedure has not been agreed upon by the labor organization representatives and the employer.
Hearings Officers for Fair Dismissal Hearings
Pursuant to ORS 342.905, the Employment Relations Board has adopted rules under which the Board will provide a list of hearing officers in Fair Dismissal hearings. OAR 115-86-000 to 115-86-020. The Board maintains a list of no fewer than 10 persons who are experienced in public education and employment relations to serve as hearing officers. To expedite the process, parties should notify the Employment Relations Board of the appeal of a dismissal or nonextension at the time the appeal is filed with the Fair Dismissal Appeals Board.
Arbitrator Qualifications and Arbitrator Application form
Arbitrator Application form
The specific qualifications and process for applying to the ERB Arbitrator/Factfinder Panel are set out in OAR 115-40-040. The qualifications include:
Neutrality
The applicant must be neutral. An applicant cannot be actively engaged as an advocate in labor relations or so closely identified with either labor or management that, in the opinion of the Conciliator and Chair, he/she would not be accepted as a neutral.
Experience
The applicant must:
1. Be capable of conducting an orderly hearing, analyzing testimony and exhibits and preparing clear and concise findings and awards within reasonable time limits;
2. Be acceptable to the parties, based on references; and
3. Have experience:
a) In a decision-making role in collective bargaining or labor relations disputes; or
b) As a principle spokesperson representing either labor or management in the factfinding/arbitration process or in the collective bargaining process, sufficient to ensure a thorough understanding thereof; or
c) In a relevant academic role at the college or university level.
Education
Applicant should have a degree in industrial relations, law or some other discipline which, in the opinion of the Conciliator and Chair, would qualify the applicant to act as a factfinder and arbitrator.
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