Appointment and Qualifications of the Arbitrator

(1) Appointment of a Single Neutral Arbitrator. The Director may appoint a single neutral arbitrator from within the Department, who shall hear and determine the case. (2) Appointment of a Tripartite Board. The Director may appoint a tripartite board to hear and determine grievance arbitration cases. The Director or a designee shall be the neutral member of this board. The other members shall include a representative of labor and a representative of employers of labor. Prior to appointing these representatives, the Director shall consult with the employee organization and employer involved in the case to determine whether they want a representative to sit on the case and, if so, who they recommend. (3) Disqualification or Withdrawal of the Arbitrator. Prior to accepting an appointment, the neutral arbitrator is required to disclose to the Department any circumstances likely to create a presumption of bias, or which the arbitrator believes might disqualify the arbitrator from being impartial. If the arbitrator is disqualified or withdraws, the Department shall appoint another arbitrator in accordance with the provisions of 456 CMR 23.03(1) and (2). Mass. Register #1322 (9/23/16) ­