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OVERVIEW
Applicants for membership must meet the following standards:
- Good moral character, as demonstrated by adherence to sound ethical standards in professional activities.
- Substantial and current experience as an impartial arbitrator of labor-management disputes sufficient to demonstrate general acceptability by both labor and management.
- A threshold for membership consideration shall be a minimum of five years of experience as an arbitrator, and 60 written decisions in a time period not to exceed six years, at least 40 of which must be countable labor-management arbitration awards. In addition to the labor-management arbitration awards, up to 20 decisions in the field of workplace disputes resolution (including, for example, advisory arbitration, fact-finding, and teacher tenure and civil service cases under statutes or rules closely analogous to traditional arbitration) shall be countable in accordance with the standards established by the Membership Committee. No more than 10 countable workplace disputes resolution decisions shall involve employment arbitration pursuant to an individual contract, handbook, or other agreement between an employer and an employee who is not represented by a labor organization. To be a countable labor- management arbitration award, a case must include:
- Mutual selection of the arbitrator and payment of arbitrator fees by the parties pursuant to a collective- bargaining agreement (grievance) or to establish the terms of a collective-bargaining agreement (interest);
- The conduct of a full evidentiary hearing;
- A written opinion setting forth full, supporting rationale; and
- A final and binding award.
Other factors considered in evaluating whether an applicant meets standards include:
- The nature and variety of the applicant's arbitration experience as reflected by the kinds of systems and procedures under which the applicant arbitrates.
- The extent to which the arbitration experience and acceptability of the applicant demonstrates professional growth within the applicable five-year period.
- The extent of diversity in the parties requesting the applicant to serve as arbitrator.
- The quality of references from labor advocates, management advocates and neutrals.
"Non-countable" decisions may be considered as "added weight."
Alternative Standard: In exceptional circumstances, a recognized, prominent authority on labor-management relations (who may have only limited, current arbitration experience) whose membership, in the opinion of the Membership Committee and the Board of Governors, would be of unusual and outstanding value to the Academy, may be invited by the Membership Committee to apply for membership. Applicants may not nominate themselves.
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All applicants must acknowledge an understanding that membership will not be conferred on those who serve partisan interests as advocates or consultants for Labor or Management in labor-management relations or who are associated with or are members of a firm that performs such advocacy or consultancy work. Moreover, applicants must affirm that, if elected to membership, they may not undertake thereafter to serve partisan interests as advocates or consultants for Labor or Management in labor-management relations or become associated with or become members of a firm that performs such advocacy or consultancy work.
If you have any questions concerning the application process, please contact the Chair of the Membership Committee, Margaret R. Brogan:
* This Overview is a summary of Membership Committee considerations based on Board of Governors policies in effect as of June 2008. In the event of any conflict between this Overview and BOG policies, the BOG policies then in effect will govern.
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