How to request an arbitration list

SMCS maintains a statewide panel of private arbitrators who are available to serve as neutrals for labor disputes. The Panel of Arbitrators Selection System (PASS) will generate a random list of arbitrators based on criteria indicated in the parties' request.  Please note that as of July 1, 2010, the fee for each new arbitration list request is $50.00 and payment must be received before we are able to process your request.  There will be no charge for substitute lists for the same case.

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To request a list of arbitrators, parties may send requests via US Mail, e-mail or fax their request to the SMCS office at:

1515 Clay Street, Suite 2206 Oakland, CA 94612
Email:  SMCSInfo@dir.ca.gov
Fax:  (510) 873-6475

Absent a joint request to do otherwise, SMCS will send out lists of arbitrators who have indicated their desire to be listed for cases in the general region of the dispute (northern, central or southern California). Regardless of their place of residence, these arbitrators have agreed to charge travel and expenses only for costs associated with travel within the region.

If the request does not specify the number of arbitrator names, we will issue a list of seven. Although the request letter need not be actually signed by both parties, it must indicate that the requester sent a copy to the other party. The list is accompanied by the resume of each arbitrator on the list.

Custom lists

Upon the joint request of the parties, SMCS will draw from the pool of arbitrators who meet specified criteria. Options for "custom" lists include:

1. Experience in:
   a)Transit
   b) Police
   c) Fire
   d) K-12 education
   e) Higher education
   f) Agriculture
   g) Local government
   h) Health care
   i) State government
   j) Interest arbitration
   k) Internal union disputes.
2. Membership in:
   a) National Academy of Arbitrators
   b) PERB panel of neutrals
   c) FMCS panel of neutrals
   d) American Arbitration Association.
3. Expedited availability-arbitrators who have indicated they typically have at least five open dates within the 60-day period after appointment
4. Qualification as an attorney
5. Local residence (arbitrators who actually reside in the region of the dispute).

To exercise one or more of the above options, the request letter must clearly state the criteria requested.

Selection  

Once you receive your list of arbitrators, please review the list. If you want additional information about any of the arbitrators on the list, please email SMCSInfo@dir.ca.gov. Include the CSMCS case # and the name of the arbitrator(s) about whom you want information. We will then email you the name of the most recent five employers and employee organizations that selected the arbitrator(s). If a particular arbitrator has less than five total selections from CSMCS lists, we will send you as many as we have.

When the parties select an arbitrator, they must notify SMCS. SMCS will notify the arbitrator, who will contact the parties to set dates. It is very important that the parties notify SMCS of their selection. SMCS is tracking arbitrator acceptability, and our data will be incomplete if we are not notified of arbitrator selections from our lists.

Questions  

Please contact SMCS with any questions you may have. You may call Oakland office, or email us at SMCSInfo@dir.ca.gov.