[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Pages 31382-31383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11544]


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NATIONAL MEDIATION BOARD


Notice of Proposed Information Collection Requests

AGENCY: National Mediation Board.

SUMMARY: The Chief Information Officer, Finance and Administration 
Department, invites comments on the proposed information collection 
requests as required by the Paperwork Reduction Act of 1995.

DATES: Interested persons are invited to submit comments on or before 
July 8, 2002.

SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act 
of 1995 (U.S.C. chapter 35) requires that the Office of Management and 
Budget (OMB) provide interested Federal agencies and the public an 
early opportunity to comment on information collection requests. OMB 
may amend or waive the requirement for public consultation to the 
extent that public participation in the approval process would defeat 
the purpose of the information collection, violate State or Federal 
law, or substantially interfere with any agency's ability to perform 
its statutory obligations. The Chief Information Officer, Finance and 
Administration Department, publishes that notice containing proposed 
information collection requests prior to submission of these requests 
to OMB. Each proposed information collection contains the following: 
(1) Type of review requested, e.g. new, revision extension, existing or 
reinstatement; (2) Title; (3) Summary of the collection; (4) 
Description of the need for, and proposed use of, the information; (5) 
Respondents and frequency of collection; and (6) Reporting and/or 
Record keeping burden. OMB invites public comment.
    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 and is interested in public comment addressing the following 
issues: (1) Is this collection necessary to the proper functions of the 
agency; (2) will this information be processed and used in a timely 
manner; (3) is the estimate of burden accurate; (4) how might the 
agency enhance the quality, utility, and clarity of the information to 
be collected; and (5) how might the agency minimize the burden of this 
collection on the respondents, including through the use of information 
technology.

    Dated: May 3, 2002.
June D.W. King,
Chief Information Officer, Finance and Administration Department, 
National Mediation Board.

A. Application for Mediation Services

    Type of Review: Extension.
    Title: Application for Mediation Services, OMB Number: 3140-0002.
    Frequency: On occasion.
    Affected Public: Carrier and Union Officials, and employees of 
railroads and airlines.
    Reporting and Recordkeeping Hour Burden:
      Responses: 70 annually.
      Burden Hours: 17.50.
    Abstract: 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 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.
    The extension of this form is necessary considering the information

[[Page 31383]]

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.

B. Application for Investigation of Representation Dispute

    Type of Review: Extension.
    Title: Application for Investigation of Representation Dispute, OMB 
Number: 3140-0001.
    Frequency: On occasion.
    Affected Public: Union Officials, and employees of railroads and 
airlines.
    Reporting and Recordkeeping Hour Burden:
      Responses: 68 annually.
      Burden Hours: 17.
    Abstract: 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. The application shows the name 
of 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.
    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.
    Requests for copies of the proposed information collection request 
may be accessed from www.nmb.gov or should be addressed to Grace Ann 
Leach, NMB, 1301 K Street NW., Suite 250 E, Washington, DC 20572 or 
addressed to the e-mail address [email protected] or faxed to 202-692-5081. 
Please specify the complete title of the information collection when 
making your request.
    Comments regarding burden and/or the collection activity 
requirements should be directed to June D.W. King at 202-692-5010 or 
via internet address [email protected] Individuals who use a 
telecommunications device for the deaf (TDD/TDY) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

[FR Doc. 02-11544 Filed 5-08-02; 8:45 am]
BILLING CODE 7550-01-M