The Federal Mediation and Conciliation Service (FMCS) is a frequently-used source of arbitrators to conduct labor/management grievance arbitrations. In any particular dispute, Unions and Employers may ask FMCS to provide them with lists (and resumes) of arbitrators to consider; the parties then pick the arbitrator from the list FMCS has provided. To be among the arbitrators the FMCS lists, one must meet certain criteria. One way of meeting the criteria is to take the FMCS’ Becoming a Labor Arbitrator Course and then to complete the shadow process.
The shadow process entails recent trainees attending labor arbitrations with seasoned arbitrators and then drafting “shadow awards” for the experienced arbitrator’s review and critique (and for comparison with the arbitrator’s actual award in the case).
The National Academy of Arbitrators (NAA) is pleased to support the shadow process as a means to increase opportunities for novice arbitrators to gain experience and access to listing on the FMCS Roster. To that end, NAA encourages its members to allow shadowing by such newly-trained labor arbitrators. Below is a list of the NAA Southeast Region (NAA-SE) members who have agreed to allow shadowing: