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Arbitrator, Factfinder Panel Information

Contract Grievances, Voluntary Factfinding, Interest Arbitration

The State Conciliation Service maintains a panel of Arbitrators and Factfinders 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 115-040-0030. The Conciliation Service does not charge for these lists. 
 
Parties may obtain a list of arbitrators by sending a written request to the State Conciliator. OAR 115-040-0032. Names for the list will be drawn randomly. 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. 
 

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.
 

Dismissal or Non-Extension of Contract Teachers
 
Pursuant to ORS 342.905(10), the district board and the teacher’s representative may agree to use arbitration instead of a Fair Dismissal Appeals Board panel for the appeal of the dismissal or non-extension of a contract teacher. In such cases, if the collective bargaining agreement does not contain a procedure for selection of the arbitrator, the parties shall request a list of arbitrators from the Employment Relations Board. 
 
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Qualifications to be an ERB Arbitrator

The specific qualifications and process for applying to the ERB Arbitrator/Factfinder Panel are set out in OAR 115-040-0030. 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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Arbitrator Application Form

ERB only adds new arbitrators to its panel twice a year - in January and July.  (Applications should be submitted no later than December and June, respectively, for consideration.)

Arbitrator Application (Word)

Arbitrator Application (Pdf)
 
Application and Panelist Fees

Pursuant to OAR 115-040-0030(4) there is a $50 application fee and a $100 annual fee to remain on the panel.
 
 
 
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Interest Arbitration Awards

Interest Arbitration Awards 
 
Interest Arbitration decisions issued by the ERB Arbitrator Panel are available online by clicking the above link and in hard copy at the ERB office.
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Grievance Arbitration Awards

Grievance Arbitration Awards (2006-present) issued by the ERB Arbitrator Panel are available from the ERB office.
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Arbitrator Subpoena Forms

Pursuant to ORS 243.706(3)-(7) arbitrators are authorized to issue subpoenas on their own motion or at a party’s request.  An Arbitrator Subpoena Form and Arbitrator Subpoena Duces Tecum Form are available for use.  Parties are not required to use these specific forms in issuing subpoenas.
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ERB Arbitrator Newsletter  

Spring 2016

Fall 2016  NEW FALL EDITION!

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Contact Us

Conciliation Services
Employment Relations Board
528 Cottage St NE, Suite 400
Salem, OR  97301-3807 
  
Sarah Hackett, Mediation and Election Coordinator
Phone: (503) 378-6471
Email: Sarah.Hackett@oregon.gov  

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