[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Notices]
[Pages 15182-15183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7763]
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NATIONAL MEDIATION BOARD
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Application for Mediation Services, and
Application for Investigation of Representation Dispute
ACTION: Notice.
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SUMMARY: The National Mediation Board, as part of its continuing effort
to reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the National Mediation Board is soliciting comments
concerning the proposed extension of the Application for Mediation
Services, and the Application for Investigation of Representation
Dispute.
A copy of the proposed information collection request can be
obtained by contacting the employee listed below in the contact section
of this notice.
DATES: Written comments must be submitted on or before June 1, 1999.
Written comments should:
evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
evaluate the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
enhance the quality, utility, and clarity of the information to be
collected; and
minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submissions of responses.
ADDRESSES: Send comments to Reba F. Streaker, Records Officer, National
Mediation Board, 1301 K Street, N.W., Suite 250 East, Washington, DC
20572. Telephone No. (202) 692-5050 and FAX No. (202) 692-5086.
SUPPLEMENTARY INFORMATION:
A. Application for Mediation Services, NMB-2
I. Background
Section 5, First of the Railway Labor Act, 45 U.S.C., 155, First,
provides that both, or either, of the parties to the labor-management
dispute may invoke the mediation services of the National Mediation
Board. Congress has determined that it is in the nation's best interest
to provide for Governmental mediation as the primary dispute resolution
mechanism to resolve labor-management disputes in the railroad and
airline industries.
The Railway Labor Act is silent as to how the invocation of
mediation is to be accomplished and the Board has not promulgated
regulations requiring any specific vehicle. Nonetheless, 29 CFR 1203.1,
provides that applications for mediation services be made on printed
forms which may be secured from the National Mediation Board. This
section of the regulations provides that applications should be
submitted in duplicate, show the exact nature of the dispute, the
number of employees involved, name of the carrier and name of the labor
organization, date of agreement between the parties, date and
[[Page 15183]]
copy of notice served by the invoking party to the other and date of
final conference between the parties. The application should be signed
by the highest officer of the carrier who has been designated to handle
disputes under the Railway Labor Act or by the chief executive of the
labor organization, whichever party files the application.
II. Current Actions
The extension of this form is necessary considering the information
provided by the parties is used by the Board to structure a mediation
process that will be productive to the parties and result in a
settlement without resort to strike or lockout. The Board has been very
successful in resolving labor disputes in the railroad and airline
industries. Historically, some 97 percent of all NMB mediation cases
have been successfully resolved without interruptions to public
service. Since 1980, only slightly more than 1 percent of cases have
involved a disruption of service. This success ratio would possibly be
reduced if the Board was unable to collect the brief information that
it does in the application for mediation services.
Type of Review: Extension of the expiration date of a currently
approved collection without any change in the substance or in the
method of collection.
Agency: National Mediation Board.
Title of Form: Application for Mediation Services.
OMB Number: 3140-0001.
Agency Number: NMB-2.
Frequency: Daily.
Affected Public: Carrier and Union Officials, and employees of
railroads and airlines.
Number of Respondents: 123 annually.
Estimated Time Per Respondent: The burden on the parties is minimal
in completing the Application for Mediation Services. There is no
improved technological method for obtaining this information.
Total Estimated Cost: $1040.00.
Total Burden Hours: 43.
B. Application for Investigation of Representation Dispute, NMB-3
I. Background
Section 2, Fourth of the Railway Labor Act, 45 U.S.C. 152, Fourth,
provides that railroad and airline employees shall have the right to
organize and bargain collectively through representatives of their own
choosing. When a dispute arises among the employees as to who will be
their bargaining representative, the National Mediation Board is
required by Section 2, Ninth to investigate the dispute, to determine
who is the authorized representative, if any, and to certify such
representative to the employer. The Board's duties do not arise until
its services have been invoked by a party to the dispute. The Railway
Labor Act is silent as to how the invocation of a representation
dispute is to be accomplished and the Board has not promulgated
regulations requiring any specific vehicle. Nonetheless, 29 CFR 1203.2
provides that requests to investigate representation disputes may be
made on printed forms NMB-3. The application shows the name or
description of the craft or class involved, the name of the invoking
organization, the name of the organization currently representing the
employees, if any, and the estimated number of employees in the craft
or class involved. This basic information is essential to the Board in
that it provides a short description of the particulars of dispute and
the Board can begin determining what resources will be required to
conduct an investigation.
II. Current Actions
The extension of this form is necessary considering the information
is used by the Board in determining such matters as how many staff will
be required to conduct an investigation and what other resources must
be mobilized to complete our statutory responsibilities. Without this
information, the Board would have to delay the commencement of the
investigation, which is contrary to the intent of the Railway Labor
Act.
Type of Review: Extension of the expiration date of a currently
approved collection without any change in the substance or in the
method of collection.
Agency: National Mediation Board.
Title of Forms: Application for Investigation of Representation
Dispute.
OMB Number: 3140-002.
Agency Number: NMB-3.
Frequency: Daily.
Affected Public: Union Officials, and employees of railroads and
airlines.
Number of Respondents: 68 annually.
Estimated Time Per Respondent: The burden on the parties is minimal
in completing the Application for Investigation of Representation
Dispute. There is no improved technological method for obtaining this
information.
Total Estimated Cost: $517.00.
Total Burden Hours: 24.50.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request, they will also become a
matter of public record.
Reba Streaker,
Records Officer/Paperwork Clearance Officer.
[FR Doc. 99-7763 Filed 3-29-99; 8:45 am]
BILLING CODE 7550-01-P
