Mediator and Arbitrator Qualification
Mediators and arbitrators selected for inclusion on the roster of the Joint Labor-Management Committee should have skill in the conduct of hearings, knowledge of the statutory issues at stake in the dispute, and demonstrated experience in interest arbitration. The roster of available mediators and arbitrators will be established on a non-discriminatory basis, diverse by gender, ethnicity, background, experience, etc. to satisfy the parties that their interests be respected and fully considered.
Regardless of their prior experience, mediators and arbitrators on the roster must be independent of bias toward either party. The Joint Labor-Management Committee seeks to establish and foster the highest standards of professionalism among those engaged in the arbitration of labor-management disputes on a professional basis.
The Joint Labor-Management Committee recognizes that the neutral community is diverse in experience and qualifications and regards membership in professional associations, particularly those national in nature, as indication of one's capacity to meet the challenges involved.
Applicants must meet the following standards:
(1) The applicant should have a history of demonstrated adherence to required ethical standards in the conduct of his/her profession.
(2) The applicant should have substantial and current experience as an impartial arbitrator of labor-management disputes with particular emphasis on interest arbitration.
(3) As an alternative to (2) above, the applicant with limited but current experience in arbitration should have a minimum of 5 years labor-mediation experience in the public sector with particular emphasis in police and fire disputes.
The JLMC considers the standard of "substantial and current experience so as to reflect general acceptability" to mean that as a threshold requirement for consideration of the application, the applicant must demonstrate at least two years of arbitration experience and a minimum of 10 diverse "countable" arbitration cases during that two-year period. Substantial weight will be given to applicants with experience in rights disputes involving police and fire populations including mediation, fact-finding and arbitration.
For guidance, "countable," cases should satisfy the following requirements:
(1) The arbitrator was selected by the parties and paid by the parties;
(2) The arbitrator conducted a full evidentiary hearing which included the examination and cross-examination of witnesses;
(3) The parties expressed no limitations upon the length or depth of the arbitrator's written decision;
(4) The arbitrator issued a written award or fact-finding recommendation and opinion with supporting rationale fully laid out. A decision in which the arbitrator presented an oral, abbreviated or condensed explanation of the rationale supporting it does not count toward admission;
Candidates who request consideration to the JLMC roster should submit a written application with a detailed resume. Submission should include the two year countable caseload with year indicated and number of cases. Include one copy of an arbitration decision issued by the candidate. The Police Chair, Fire Chair, Management Chair and Agency Chair (or his designee) in consultation, will review for approval the application of each candidate.
The application and resume should be submitted to:
The Joint Labor Management Committee for Municipal Police and Fire Attention: Chair Samuel E. Zoll 1 Ashburton Place Room 610 Boston MA 02108.
Inquiries or questions regarding the filing of the application should be directed to the office at (617) 727-9690.
Applications constitute a public record and as such will remain on file at the offices of the Joint Labor-Management Committee. All those arbitrators who have been approved by the Committee prior to January 1, 2005 shall be considered in compliance with this standard.