(1) The board shall maintain a panel of qualified labor arbitrators and fact finders.

(2) Upon request by one or more parties to a labor dispute, a board agent shall provide the parties with a list of arbitrators or fact finders randomly selected from the board's panel.

(3) Panel members are expected to conform to the ethical standards and procedures set forth in the code of professional responsibility for arbitrators of labor disputes as approved by the national academy of arbitrators.

(4) Arbitrators or fact finders may submit a resume to the board at P.O. Box 201503, Helena, MT 59620, or by e-mailing the resume to dlierdbopa@mt.gov. Upon receipt of the resume and request to be included on the panel of arbitrators and fact finders, a board agent shall review the resume and make any necessary inquiries.

(5) Applicants will be accepted on the panel if they:

(a) are experienced in decision-making roles in the resolution of labor-management disputes, or have extensive experience in relevant positions in collective bargaining;

(b) are capable of conducting an orderly hearing, can analyze testimony and exhibits; and

(c) can prepare clear and concise findings and awards within reasonable time limits.

(6) No advocate shall be listed on the panel. An advocate is a person who represents employers or labor organizations, as an employee, attorney or consultant, in matters related to collective bargaining. A person who was not an advocate when listed may not continue to be listed after becoming an advocate and must notify the board of such change in status immediately.

(7) A board agent shall review the panel of arbitrators and fact finders on a yearly basis and contact panel members to verify contact information, qualifications, and to ensure that panel members still wish to remain on the panel.

(8) When the board submits a list of arbitrators or fact finders to the parties, the names on the lists shall be drawn at random from the panel described above. However, the board will attempt to comply with a joint request of the parties to restrict the lists in any of the following ways:

(a) only arbitrators who are on the labor arbitration panel of the American Arbitration Association; or

(b) only arbitrators who are members of the National Academy of Arbitrators; or

(c) only arbitrators who reside in Montana.

(9) The parties may jointly request a second list of arbitrators or fact finders. A second list will consist of names drawn at random from the panel without regard to any restrictions requested by the parties.

(10) Arbitrators and fact finders selected by the parties shall notify the board of acceptance of appointments.

(11) Arbitrators and fact finders listed on the panel shall provide the board with a copy of all written decisions or recommendations. 


History: 39-31-104, 39-32-103, MCA; IMP, 39-31-308, 39-31-310, 39-32-112, MCA; NEW, 1993 MAR p. 3026, Eff. 1/1/94; TRANS from ARM 24.26.698A and AMD, 2020 MAR p. 2422, Eff. 12/25/20.