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2026-22083·FEDERAL MEDIATION AND CONCILIATION SERVICE

Requests for Arbitration Panels

Final RuleEffective
Published
Oct 29, 2026
Effective
Oct 29, 2026
Citation
91 FR 68030

Final rule.

Summary

The Federal Mediation and Conciliation Service (FMCS) issued a final rule that sharpens the agency’s arbitration‑services guidelines. The rule explains the circumstances under which the FMCS Office of Arbitration may refuse to form an arbitration panel, may appoint a panel directly, or may provide other related services. It also adds clear procedural steps—such as how and when parties must be notified, the format for written decisions, timelines for submitting requests, and the schedule for any applicable fees. The changes are meant to make the arbitration process more predictable and transparent for all parties that rely on FMCS to resolve labor disputes. The regulation applies to any employer, labor organization, or other entity that seeks FMCS arbitration services, as well as to FMCS staff who administer those services. The rule was first introduced as an interim final rule on August 4, 2026 (reissued August 28, 2026) and, after reviewing public comments, was adopted as a final rule on October 29, 2026. Because it is a final rule, the comment period that accompanied the interim version has now closed, and the agency is moving forward with the new procedures. The rule became effective on the same day it was published—October 29, 2026. Going forward, FMCS will apply the clarified criteria and procedural requirements when handling arbitration requests. Entities that plan to use FMCS arbitration should review the updated notice, timing, and fee provisions to ensure compliance, and FMCS will begin enforcing the new standards in all future arbitration cases.

AI-generated summary — verify against the Federal Register text.

Official abstract

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.

Topics

Labor & Employment

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