(a) If a labor organization asserts in writing to a Bank that it holds
cards requesting a representation election signed by at least 30 percent of
the employees in a unit which that organization considers to be an
appropriate bargaining unit, the labor organization and the Bank shall each
designate a representative who together shall request the American
Arbitration Association (hereinafter referred to as “association”) to
submit to them from its National Panel of Professional Labor Arbitrators a
list of seven impartial, qualified professional arbitrators. The two
designated representatives shall meet promptly and, by alternately striking
names from the list, arrive at the remaining person who, together with the
two representatives, shall constitute a special tribunal to rule on the labor
organization’s request for an election. The impartial arbitrator shall always
act as the chairperson of any special tribunal duly constituted under this
section.
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(b) In the absence of an agreement between the labor organization and the
Bank on the appropriate unit, the tribunal shall investigate the facts, hold
hearings if necessary, and issue a decision as to the appropriateness of the
unit for the purposes of conducting a representation election for exclusive
recognition and as to related issues submitted for consideration. The
expenses for this proceeding, including the fees of the association and of
the arbitrator, shall be borne equally by the labor organization and the
Bank. If either the Bank or the labor organization should disagree with the
special tribunal’s decision, the party in disagreement may appeal within 30
calendar days to the Federal Reserve System Labor Relations Panel referred to
in section 269.11, and the decision of the System panel shall be final and
binding on the parties.
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(c) If there is any dispute as to whether a labor organization holds cards
signed by at least 30 percent of the employees in a unit claimed by a labor
organization as appropriate or subsequently determined by the special
tribunal as appropriate, the dispute shall be resolved by the chairperson of
the special tribunal, acting as a single impartial arbitrator. The expenses
of such procedure, including the impartial arbitrator’s fee, shall be borne
equally by the labor organization and the Bank. The decision of the
chairperson of the special tribunal shall be final and binding and shall not
be subject to appeal to the Federal Reserve System Labor Relations
Panel.
