questions about panel hearings across the usa

Discussion in 'UPS Discussions' started by dannyboy, Nov 23, 2008.

  1. dannyboy

    dannyboy From the promised LAND

    it is an interesting subject that has been going on behind the scenes.

    how many members does it take to make a full panel at the hearings.

    in our area it is usually three of each the company and union. we have seen it a few times where it is only two and two. but never just one.

    theoretically, i guess it could, but in our area there is panel language that mandates at least two and two but preferably three and three.

    this seems to be the norm for most of the eastern part (east of the mississippi anyway).

    what about out west?

    d

    what are the numbers for the rest of the country
     
  2. dilligaf

    dilligaf IN VINO VERITAS

    Though I have never had the opportunity to attend a panel (no thanks to my idiot BA) I believe it is a 3/3 member panel here. I have also been told that they are rotated based on the grievances that are being heard. IE Panel members can not hear grievances from their own local/ctrs.
     
  3. trickpony1

    trickpony1 Well-Known Member

    I know a driver that had a deadlock panel that only had one person on each side. He's still employed but he got screwed out of a bunch of money.
    One would think that something as important as a deadlock panel would have 3 people on each side with the third person on each side acting as a tie-breaker.
    Does anyone know if there is language in the by laws of the various regions that mandate the minimum number of people on each side of a deadlock panel? I believe the deadlock panel occurred in Houston, Texas (southwest region?).
     
  4. 705red

    705red Browncafe Steward

    Here it is 2 union and 2 ups usually labor managers. They do rotate the 2 man sides depending on whos case is being put on and if any are witnesses to it.

    Starting the first panel in jan we will have a sitting arbitrator in attendance for discipline cases. The arbitrator will be the tie breaker if cases are deadlocked and the ruling will come right there and then.
     
  5. dilligaf

    dilligaf IN VINO VERITAS

    Art 27, Western Region "..............shall consist of an equal number of panel members appointed by the respective parties, but not less than two (2) for each side."
     
  6. trplnkl

    trplnkl 555

    Where do the arbitrators come from? What are their credentials?
     
  7. 705red

    705red Browncafe Steward

    In selecting the fifth (5th) member of the UPS/705 Grievance Committee, the parties will adhere to the following procedure:
    Within fourteen (14) days of ratification of this Agreement, the parties shall jointly request from the Federal Mediation and
    Conciliation Service (FMCS) a panel consisting of 35 arbitrators selected from FMCS’s Regional pool who are members of the National
    Academy of Arbitrators who will agree, if mutually selected by the parties, to be part of a permanent panel. Within ten (10) business
    days from receiving the panel of names from FMCS, the parties shall alternatively strike names until seven arbitrators are left to form
    a permanent panel known as the Board of Arbitration (the Board) for the term of this Agreement. Each member of the Board shall
    alphabetically by last name be assigned a number from 1 to 7. Every month the arbitrator shall be assigned, by rotation from the list
    of names, with the first month’s UPS/705 Grievance Committee being assigned the arbitrator designated number 1, and succeeding
    months assigned to the other arbitrators in numerical sequence.
    If for any reason an arbitrator is unable to sit during his designated monthly UPS/705 Grievance Committee, then the parties shall
    attempt to agree on a replacement arbitrator. If the parties are unable to agree, then the parties will request from the FMCS a list of
    seven (7) names from which the Employer and the Union shall alternatively strike three (3) different names, and the person whose
    name remains shall be designated as the replacement arbitrator for that month only. When choosing a replacement arbitrator, either
    party may reject an FMCS panel in its entirety one time. Upon rejecting the panel, the party shall immediately request and pay for a
    new panel.
    Within seven days (7) days from January 1 of each calendar year, either party may notify the other party of its intent to remove one
    arbitrator from the Board. The party seeking to replace an arbitrator will request from the FMCS, a list of seven (7) names from which
    the Employer and the Union shall alternatively strike three (3) different names, and the person whose name remains shall be
    designated as the replacement arbitrator. When choosing a replacement arbitrator for the Board, either party may reject an FMCS
    panel in its entirety one time. Upon rejecting the panel, the party shall immediately request and pay for a new panel. The
    replacement arbitrator will assume the numerical order of the arbitrator who was removed.
    An arbitrator may also be removed from the permanent panel at any time upon the mutual written agreement of the parties.
    Upon notice of removal of an arbitrator from the Board, the parties shall attempt to agree upon a replacement arbitrator. If the
    parties are unable to agree, then the selection of a replacement will be in accordance with the above paragraph. The replacement
    arbitrator will assume the numerical order of the arbitrator who was removed.
    For purposes of this subsection (7) only, the fees and expenses of the Arbitrator shall be borne equally by the parties. Any backpay
    remedy ordered shall be paid by the Employer within ten (10) days of decision. No attorneys shall be allowed at the UPS/705​
    Grievance Committee, and all UPS/705 Grievance Committees shall take place at the Local 705 offices.
     
  8. dannyboy

    dannyboy From the promised LAND

    they are very much like floating judges if you will.

    they have credentials, they travel all over to attend hearings, they are not very cheap.

    i got to sit beside one on a flight from cinci to philly. it was a very informative couple of hours.

    the use of arbitrators is one of cost savings and finality. both sides agree up front that the decision of the arbitrator is final and binding.

    and yes, there is a lot to learn before becoming one.

    d
     
  9. trplnkl

    trplnkl 555

    Thanks for the info Red and Danny.