[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