29 CFR 1420.9 - FMCS deferral to parties' own private interest arbitration procedures.
(a) The Service will defer to the parties' own privately agreed to interest arbitration procedure and decline to appoint a Board of Inquiry (BoI) as long as the parties' own procedure meets certain conditions so as to satisfy the Service's responsibilities under the Act. The Service will decline to appoint BoI if the parties to a dispute have agreed in writing to their own interest arbitration procedure which meets the following conditions:
(1) The interest arbitration procedure must provide that there can be no strike or lockout and no changes in conditions of employment (except by mutual agreement) during the contract negotiation covered by the interest arbitration procedure and the period of any subsequent interest arbitration proceedings.
(2) It must provide that the award of the arbitrator(s) under the interest arbitration procedure is final and binding on both parties.
(3) It must provide a fixed and determinate method for selecting the impartial interest arbitrator(s).
(4) The interest arbitration procedure must provide for a written award by the interest arbitrator(s).
(b) The parties to a dispute who have agreed to such an interest arbitration procedure should jointly submit a copy of their agreed upon procedure to the appropriate regional office of the Service at as early a date as possible, but in any event prior to the appointment of BoI by the Service. See § 1420.5(f) for the addresses of regional offices.