['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
06/11/2024
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Summary of differences between federal and state regulations
Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.
In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.
Below is a summary of North Carolina’s requirements regarding ADR. Consult the regulatory links for detailed information.
Labor Dispute Resolution
North Carolina has provisions for voluntary resolution of labor disputes. The Labor Department, through the Employment Mediation Division, promotes this activity as follows:
- Mediation - Upon application by both parties, the Commissioner of Labor assigns a mediator to assist the parties in their collective bargaining process. This effort is voluntary and does not bind the parties in any way.
- Conciliation - When there is an imminent or existing labor dispute, the Commissioner may assign a conciliator to help settle the differences between the parties. The conciliation effort has no binding effect upon parties.
- Arbitration - In 1927, North Carolina was one of the first states to enact the Uniform Arbitration Act, which establishes a formal procedure for voluntary, binding arbitration of questions in controversy between two or more parties. In 1945, the General Assembly established an arbitration service administered by the Commissioner of Labor, who appoints and maintains a voluntary arbitration panel. The panel is composed of highly qualified and experienced individuals who have agreed to make themselves available to arbitration controversies and grievances relating primarily to wages, hours and other conditions of employment. Assignment or selection of an arbitrator is made pursuant to provisions of a contract or voluntary agreement between the parties. In the event the parties cannot agree on the selection of an arbitrator, the North Carolina Administrative Code authorizes the Commissioner to appoint an arbitrator.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 11)
Regulations
Conciliation service and mediation of labor disputes
NC General Statute - Chapter 95, Article 4, Sections 95-32 through 95-36 (§§95-32 to 95-36)
Voluntary arbitration of labor disputes
NC General Statute - Chapter 95, Article 4A, Sections 95-36.1 through 95-36.9(§§95-36.1 to 95-36.9)
Revised Uniform Arbitration Act
NC General Statute - Chapter 1, Article 45C, Sections 1-569.1 through 1-569.31 (§§1-569.1 to 1-569.31)
Federal
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board
Regulations
The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584
The Federal Arbitration Act, 9 USC sec. 1 – 16
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