[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32331-32333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12843]


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NATIONAL MEDIATION BOARD


Submission for OMB Review; Comment Request

AGENCY: National Mediation Board (NMB).

SUMMARY: The Acting Director, Office of Administration, invites 
comments on the proposed information collection requests as required by 
the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995 and 5 
CFR 1320). This notice announces that the NMB has submitted to the 
Office of Management and Budget a request for clearance of one 
information collection.

DATES: Interested persons are invited to submit comments within 30 days 
from the date of this publication.

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 Director, Office of Administration, 
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 revision of 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 29, 2014.
Samantha Williams,
Acting Director, Office of Administration, National Mediation Board.

Application for Investigation of Representation Dispute

    Type of Review: Revision.
    Title: Application for Investigation of Representation Dispute.
    OMB Number: 3140-0001.
    Frequency: On occasion.
    Affected Public: Carrier and Union Officials, and employees of 
railroads and airlines.
    Reporting and Recordkeeping Hour Burden:
    Responses: 68 annually.
    Burden Hours: 17.00.
    1. Abstract: When a dispute arises among a carrier's employees as 
to who will be their bargaining representative, the National Mediation 
Board (NMB) is required by Section 2, Ninth, to investigate the 
dispute, to determine who is the authorized representative, if any, and 
to certify such representative. The NMB'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 NMB has not promulgated regulations 
requiring any specific vehicle. Nonetheless, 29 CFR 1203.2, provides 
that applications for the services of the NMB under Section 2, Ninth, 
to investigate representation disputes may be made on printed forms 
secured from the NMB's Office of Legal Affairs or on the Internet at 
http://www.nmb.gov/representation/rapply.html. The application requires 
the following information: the name of the carrier involved; the name 
or description of the craft or class involved; the name of the 
petitioning organization or individual; the name of the organization 
currently representing the employees, if any; the names of any other 
organizations or representatives involved in the dispute; and the 
estimated number of employees in the craft or class involved. This 
basic information is essential in providing the NMB with the details of 
the dispute so that it can determine what resources will be required to 
conduct an investigation.

[[Page 32332]]

    This revision of this form is necessary to conform with amendments 
to the Railway Labor Act. In December of 2012, the NMB promulgated 
rules in accordance with these amendments, requiring applications to be 
supported by a 50 percent showing of interest. The revisions to this 
application include requiring applicants to indicate this 50 percent 
showing of interest. An additional change requires applicants to attest 
that submitted information is true to the best of their knowledge. 
Applicants will be required to complete a separate application for each 
craft or class. These revisions will not change the burden on the 
applicant in completing the form.
    2. The application form provides necessary information to the NMB 
so that it can determine the amount of staff and resources required to 
conduct an investigation and fulfill its statutory responsibilities. 
Without this information, the NMB would have to delay the commencement 
of the investigation, which is contrary to the intent of the Railway 
Labor Act.
    3. There is no improved technological method for obtaining this 
information. The burden on the parties is minimal in completing the 
``Application for Investigation of Representation Dispute.''
    4. There is no duplication in obtaining this information.
    5. Rarely are representation elections conducted for small 
businesses. Carriers/employers are not permitted to request our 
services regarding representation investigations. The labor 
organizations, which are the typical requesters, are national in scope 
and would not qualify as small businesses. Even in situations where the 
invocation comes from a small labor organization, we believe the burden 
in completing the application form is minimal and that no reduction in 
burden could be made.
    6. The NMB is required by Section 2, Ninth, to investigate the 
dispute, to determine who is the authorized representative, if any, and 
to certify such representative. The NMB has no ability to control the 
frequency, technical, or legal obstacles, which would reduce the 
burden.
    7. The information requested by the NMB is consistent with the 
general information collection guidelines of CFR 1320.6. The NMB has no 
ability to control the data provided or timing of the invocation. The 
burden on the parties is minimal in completing the ``Application for 
Investigation of Representation Dispute.''
    8. No payments or gifts have been provided by the NMB to any 
respondents of the form.
    9. There are no questions of a sensitive nature on the form.
    10. The total time burden on respondents is 17.00 hours annually--
this is the time required to collect information. After consulting with 
a sample of people involved with the collection of this information, 
the time to complete this information collection is estimated to 
average 15 minutes per response, including gathering the data needed 
and completion and review of the information.

Number of respondents per year 68
Estimated time per respondent 15 minutes
Total Burden hours per year 17 (68 x .25)
    11. The total collection and mail cost burden on respondents is 
estimated at $584.80 annually ($552.16 time cost burden + $32.64 mail 
cost burden.)
    a. The respondents will not incur any capital costs or start up 
costs for this collection.
    b. Cost burden on respondents--detail:

The total time burden annual cost is $552.16
Time Burden Basis: The total hourly burden per year, upon respondents, 
is 17
Staff cost = $552.16
$32.48 per hour--based on mid level clerical salary
$32.48 x 17 hours per year = $552.16

    We are estimating that a mid-level clerical person, with an average 
salary of $32.48 per hour, will be completing the ``Application for 
Investigation of Representation Dispute'' form. The total burden is 
estimated at 17 hours, therefore, the total time burden cost is 
estimated at $552.16 per year.

The total annual mailing cost to respondents is $32.64
Number of applications mailed by Respondents per year 68
Total estimated cost $32.64 (68 x .48 stamp)

    The collection of this information is not mandatory; it is a 
voluntary request from airline and railroad carrier employees seeking 
to invoke an investigation of a representation dispute. After 
consulting with a sample of people involved with the collection of this 
information, the time to complete this information collection is 
estimated to average 15 minutes per response, including gathering the 
data needed and completion and review of the information. However, the 
estimated hour burden costs of the respondents may vary due to the 
complexity of the specific question in dispute. The revision of the 
form requiring a new application for every craft or class will have 
little effect on the number of application submitted. In 2012 and 2013, 
no applications were filed that included a request for representation 
services for more than one craft or class.
    The application form is available from the NMB's Office of Legal 
Affairs and is also available on the Internet at http://www.nmb.gov/representation/rapply.html
    12. The total annualized Federal cost is $846.98. This includes the 
costs of printing and mailing the forms upon request of the parties. 
The completed applications are maintained by the Office of Legal 
Affairs.
    a. Printing cost: $ 80.00.
    b. Mailing costs: $ 9.54.
    Basis (mail cost): Forms are requested approximately 3 times per 
year and it takes 5 minutes to prepare the form for mail:

Postage cost = $1.44
3 (times per year) x .48 (cost of postage)
Staff cost = $8.10
$.54 per minute (GS 9/10 $64,787 = $32.48 per hr. / 60)
$.54 x 5 minutes per mailing = $2.70
$2.70 x 3 times per year = $8.10
Total Mailing Costs = $9.54

    c. Processing Cost = $756.00.
    Basis (processing cost): Representation is requested approximately 
70 times oer year and it takes 20 minutes to process each application.

Staff Cost= $756.00
$.54 per minute (GS 9/10 $64,787 = $32.48 per hr. / 60)
$.54 x 20 minutes per mailing = $10.80
$10.80 x 70 times per year = $756.00

    13. Item 13--no change in annual reporting and recordkeeping hour 
burden.
    14. The information collected by the application will not be 
published.
    15. The NMB will display the OMB expiration date on the form.
    16(a)--the form does not reduce the burden on small entities; 
however, the burden is minimized and voluntary.
    16 (b)--the form does not indicate the retention period for record 
keeping requirements.
    16 (c)--the form is not part of a statistical survey.
    Requests for copies of the proposed information collection request 
may be accessed from www.nmb.gov or should be addressed to Denise 
Murdock, NMB, 1301 K Street NW., Suite 250 E, Washington, DC 20005 or 
addressed to the email 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, as

[[Page 32333]]

well as comments on any legal and substantive issues raised, should be 
directed to Samantha Williams 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. 2014-12843 Filed 6-3-14; 8:45 am]
BILLING CODE 7550-01-P