[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Proposed Rules]
[Pages 46983-46984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20085]


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NATIONAL MEDIATION BOARD

29 CFR Chapter X


Administration of National Railroad Adjustment Board Functions 
and Activities

AGENCY: National Mediation Board.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Railway Labor Act (RLA) establishes the National Mediation 
Board (NMB) whose functions, among others, are to administer certain 
provisions of the RLA with respect to the arbitration of labor disputes 
in the rail industry, including the administration of the National 
Railroad Adjustment Board (NRAB) established under the RLA. The RLA 
provides the NMB with authority for administration, including making 
expenditures for necessary expenses, of the NRAB.
    The NMB is considering changes to its rules and procedures to 
facilitate the more timely resolution of grievances (``minor 
disputes'') among grievants and carriers in the railroad industry. 
Because of its role in the administration of the NRAB's program, the 
NMB is interested in receiving public input on the factors that should 
be considered in accomplishing this goal. In particular, because of the 
NMB's statutory responsibility for the appointment and compensation of 
neutral arbitrators (``referees'') to resolve deadlocks within NRAB 
divisions, and the NMB's overall statutory responsibility for the 
administrative processing of grievances to facilitate the timely 
resolution of these disputes in the railroad industry, the NMB is 
considering what initiatives it may undertake to further the resolution 
of deadlocks on a more timely and expeditious basis. In addition, the 
NMB is interested in receiving public input on achieving case 
resolution in the most cost effective way possible.

DATES: Comments must be in writing and must be received by September 8, 
2003.

ADDRESSES: All comments should be addressed to Roland Watkins, Director 
of Arbitration/NRAB Administrator, National Mediation Board, 1301 K 
Street, NW., Suite 250--East, Washington, DC 20572. Attn: NMB Docket 
No. 2003-01. You may submit your comments via letter, or electronically 
through the Internet to the following address: [email protected]. If you 
submit your comments electronically, please put the full body of your 
comments in the text of the electronic message and also as an 
attachment readable in MS Word. Please include your name, title, 
organization, postal address, telephone number, and e-mail address in 
the text of the message. Comments may also be submitted via facsimile 
to (202) 692-5086. Please cite NMB Docket No. 2003-01 in your comment.

FOR FURTHER INFORMATION CONTACT: Roland Watkins, NRAB Administrator, 
1301 K Street, NW., Suite 250 East, Washington, DC 20572 (telephone: 
202-692-5000).

SUPPLEMENTARY INFORMATION: 

A. Background and Summary

    The Railway Labor Act (RLA), 45 U.S.C. 151 et seq. establishes the 
National Mediation Board (NMB) whose functions, among others, are to 
administer certain provisions of the RLA with respect to the 
arbitration of labor disputes in the rail industry, including the 
administration of the National Railroad Adjustment Board (NRAB) 
established under 45 U.S.C. 153. 45 U.S.C. 154, Third, provides the NMB 
with authority for administration, including making expenditures for 
necessary expenses, of the NRAB.
    Pursuant to its authority under 45 U.S.C. 154, Third, the NMB is 
considering changes to its rules and procedures to better facilitate 
the timely resolution of minor disputes between grievants and carriers 
in the railroad industry. Because of its fundamental role in the 
administration of the NRAB,

[[Page 46984]]

the NMB is interested in receiving public comment on the various 
factors that might be considered in accomplishing this goal. In 
particular, because of the NMB's statutory responsibility for the 
appointment and compensation of neutral arbitrators (``referees'') to 
resolve deadlocks within NRAB divisions, the NMB is considering what 
improvements it may pursue to resolve deadlocks on a more expeditious 
basis. In addition, the NMB is interested in receiving public input on 
achieving case resolution in the most cost effective way possible.

B. Public Comments

    Interested persons are invited to participate by submitting data, 
views or arguments with respect to this ANPRM. All comments must be in 
writing and must be submitted to the address indicated in the ADDRESSES 
section.

    Dated: August 1, 2003.
Roland Watkins,
National Railroad Adjustment Board Administrator.

National Mediation Board--Advance Notice of Proposed Rulemaking--
Improving the Administration of Case Processing Before the National 
Railroad Adjustment Board

    The Railway Labor Act (RLA), 45 U.S.C. 151 et seq. establishes the 
National Mediation Board (NMB) whose functions, among others, are to 
administer certain provisions of the RLA with respect to the 
arbitration of labor disputes in the rail industry, including the 
administration of the National Railroad Adjustment Board (NRAB) 
established under 45 U.S.C. 153.45 U.S.C. 154, Third, authorizes the 
NMB to provide for the administration (including the making of 
expenditures for necessary expenses) of the NRAB.
    Pursuant to its authority under 45 U.S.C. 154, Third, the NMB is 
considering changes to its administrative rules and procedures to 
facilitate the timely resolution of various disputes between grievants 
and carriers in the railroad industry. Because of its statutory role in 
the administration of the NRAB's program, the NMB is interested in 
receiving public input on the factors that should be considered in 
accomplishing this goal. In particular, because of the NMB's 
responsibility for the appointment and compensation of neutral 
arbitrators (``referees'') to resolve deadlocks within NRAB divisions, 
the NMB is considering what initiatives it may undertake to further the 
resolution of deadlocks on a more timely and expeditious basis. In 
addition, the NMB is interested in receiving public input on achieving 
case resolution in the most cost effective way possible.
    The NMB has undertaken a review of the administration of the 
program of the NRAB. The NMB's initial review suggests that given 
budgetary and staffing constraints, the NMB should place greater 
emphasis on the NMB's statutory responsibility to ensure the prompt 
resolution of minor disputes that come before the NRAB. The NMB is 
particularly interested in speeding the resolution of minor disputes 
because of the Government's need to provide for the efficient and 
effective use of taxpayer money. Any proposed action to be taken by the 
NMB in this area will govern the NMB's administrative processing of 
cases in which the parties request that the NMB compensate the 
arbitrator.
    Question One: If the NMB promulgates procedures for the 
administrative processing of NRAB cases in which the parties request 
that the Government compensate the neutral (``referee''), what should 
be the criteria or guidelines for these procedures?
    It has been suggested to the NMB, that a desirable goal is to have 
minor disputes resolved within one year of the filing of a Notice of 
Intent to File a Submission. At present, it is not uncommon for cases 
to remain unresolved for two years.
    Question Two: If a stated goal of any new procedures to be adopted 
by the NMB is to have the cases decided by an arbitrator within one 
year from the date of the filing of the Notice of Intent, what steps do 
you recommend comprise this procedure? Do you believe that a one year 
goal is reasonable? If not, why not?
    Question Three: If the parties do not agree to follow the 
procedures adopted by the NMB, should there be any adverse 
consequences? Should the parties have options with respects to these 
procedures? What would you recommend be the steps that comprise an 
efficient case resolution procedure?
    Question Four: What should happen to those cases that are still 
pending after one year in which the parties have not placed the cases 
before a Public Law Board, pursuant to 45 U.S.C. 153, Second? If the 
cases are placed before a Public Law Board, should a time limit be 
imposed for the resolution of those cases?
    At present, the NRAB has approximately 2,000 cases pending before 
it. Many of these cases arise out of the filing of multiple grievances 
by different parties for the same underlying set of facts.
    Question Five: In order to ensure the most efficient use of limited 
Government resources, should the NMB, in agreeing to pay for the 
appointment of an arbitrator (``referee'') require the consolidation of 
similar cases dealing with similar issues? If, in your view, case 
consolidation is a viable option for improving the resolution of cases, 
what should be the standards adopted for consolidation? What should the 
NMB do if the parties refuse to consolidate cases, when in the NMB's 
view, it would be appropriate to do otherwise?
    Question Six: As the goal of this initiative is to improve the 
processing of disputes before the NRAB, are there any other 
recommendations or suggestions that you would make to the NMB with 
regard to its statutory responsibilities for the administration of the 
NRAB?
    The NMB will review all submissions made in response to this ANPRM 
in the development of any possible notice of proposed rulemaking. In 
addition, the Board intends to hold a public hearing prior to the 
release of any proposed rule, in order to permit interested parties an 
opportunity to further elaborate on the points made in their comments 
in response to this ANPRM. The notice of an open public meeting before 
the NMB will be the subject of a separate notice appearing in a future 
issue of the Federal Register.

[FR Doc. 03-20085 Filed 8-6-03; 8:45 am]
BILLING CODE 7550-01-P