Requests for Arbitration Panels
Key claim: The Federal Mediation and Conciliation Service can refuse to issue labor-arbitration panels or appoint arbitrators in specified cases, and must follow new notice, written-decision, dating, and fee procedures when it does.
Abstract
(Rule · Federal Mediation and Conciliation Service) The Federal Mediation and Conciliation Service (FMCS) published an interim final rule on August 4, 2026, and republished on August 28, 2026, that amended its arbitration services regulations to clarify when the Office of Arbitration may decline to issue an arbitration panel, make a direct appointment, or provide related services. This document responds to the comments, clarifies the scope of the rule’s threshold inquiry, adds procedural provisions governing notice, written disposition, request dates, and fees, and adopts the interim final rule as a final rule.
Why this matters
FMCS arbitration panels are a backbone resource for unions and employers resolving contract grievances, so changes to when the agency will decline a panel request — and the procedural steps it must follow — directly shape how disputes get adjudicated. The rule narrows FMCS discretion to a defined set of cases while adding transparency (written decisions, dating, fees), which affects timing and costs for parties relying on the roster.