[United States Government Manual]
[September 15, 2009]
[Pages 456-459]
[From the U.S. Government Publishing Office, www.gpo.gov]



NATIONAL MEDIATION BOARD

1301 K Street NW., Suite 250 East, Washington, DC 20005
Phone, 202-692-5000. Internet, www.nmb.gov.
CHAIRMAN                                          Read Van de Water
Members                                           Elizabeth Dougherty, 
                                                          Harry R. 
                                                          Hoglander
Director, Mediation Services                      Larry Gibbons
Director, Alternative Dispute Resolution          Daniel Rainey
General Counsel, Office of Legal Affairs          Mary Johnson
Director, Arbitration Services                    Roland Watkins
Director, Administration                          June King

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The National Mediation Board facilitates harmonious labor-management 
relations within two of the Nation's key transportation sectors: the 
railroads and the airlines. The Board handles mediation and employee 
representation disputes and provides administrative and financial 
support in adjusting grievances in the railroad industry.
The National Mediation Board (NMB) is an independent agency established 
by the 1934 amendments to the Railway Labor Act of 1926 (45 U.S.C. 151-
158, 160-162, 1181-1188). The Board is composed of three members, 
appointed by the President and confirmed by the Senate. The board 
designates a Chairman on a yearly basis.
    The Agency's dispute-resolution processes are designed to resolve 
disputes over the negotiation of new or revised collective bargaining 
agreements and the interpretation or application of existing agreements. 
It also effectuates employee rights of self-organization where a 
representation dispute exists.

Activities

Mediation  Following receipt of an application for meditation, the NMB 
assigns a mediator to assist the parties in reaching an agreement. The 
NMB is obligated to use its best efforts to bring about a peaceful 
resolution to the dispute. If such efforts do not settle the dispute, 
the NMB advises the parties and offers interest arbitration as an 
alternative approach to resolve the remaining issues. If either party 
rejects this offer, the NMB releases the parties from formal mediation. 
This release triggers a 30-day cooling off period. During this period, 
NMB continues to work with the parties to achieve a consensual 
resolution. If,


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however, an agreement is not reached by the end of the 30-day period, 
the parties are free to exercise lawful self-help, such as carrier-
imposed working conditions or a strike by the union/organization.
Alternative Dispute Resolution  In addition to traditional mediation 
services, NMB also provides voluntary Alternative Dispute Resolution 
(ADR) services. ADR services include facilitation, training, grievance 
mediation, and an Online Dispute Resolution component, which applies 
technology to the dispute resolution process. The purpose of the ADR 
program is to assist the parties in learning and applying more 
effective, less confrontational methods for resolving their disputes, 
and to help them resolve more of their own disputes without outside 
intervention.
Presidential Emergency Board  If NMB determines that a dispute threatens 
to substantially deprive any section of the country of essential 
transportation service, it notifies the President. The President may, at 
his discretion, establish a Presidential Emergency Board (PEB) to 
investigate and report back within 30 days. After the PEB has been 
created and for 30 days after it has made its report to the President, 
neither party to the dispute may exercise self-help.
    There are also special emergency procedures for unresolved disputes 
affecting publicly funded and operated commuter railroads and their 
employees. If the mediation procedures are exhausted, the parties to the 
dispute, or the Governor of any State where the railroad operates, may 
request that the President establish a PEB. The President is required to 
establish such a board if requested. If no settlement is reached within 
60 days following the creation of the PEB, NMB is required to conduct a 
public hearing on the dispute. If there is no settlement within 120 days 
after the creation of the PEB, any party, or the Governor of any 
affected state, may request a second, final-offer PEB. No self-help is 
permitted pending the exhaustion of these emergency procedures.
Representation  When a labor organization or individual files an 
application with NMB to represent employees, the Agency assigns an 
investigator to conduct a representation investigation. Should the 
applicant meet the requirements, NMB continues the investigation, 
usually with a secret telephone or Internet election. NMB is responsible 
for ensuring that the requirements for a fair election process have been 
maintained. If the employees vote to be represented, NMB issues a 
certification which commences the carrier's statutory duty to bargain 
with the certified representative.
Arbitration  NMB provides both grievance arbitration and interest 
arbitration. Grievance arbitration is a process for resolving disputes 
regarding the interpretation or application of an existing collective 
bargaining agreement. Grievances must be handled through grievance 
arbitration if not otherwise resolved, and cannot be used by the parties 
to trigger self-help actions. NMB has significant administrative 
responsibilities for grievance arbitration in the railroad industry, 
which includes those before the National Railroad Adjustment Board 
(NRAB), as well as the two types of arbitration panels established by 
the labor-management parties at each railroad: public law boards (PLBs) 
and special boards of adjustment (SBAs). Grievance arbitration in the 
airline industry is accomplished at the various system boards of 
adjustment created jointly by labor and management at the parties' 
expense. NMB furnishes panels of prospective arbitrators for the 
parties' selection in both the airline and railroad industries. NMB also 
pays the salary and travel expenses of the arbitrators for railroad 
arbitration proceedings. Grievance arbitration decisions are final and 
binding with very limited grounds for judicial review.
    Interest arbitration is a process to establish the terms of a new or 
modified collective bargaining agreement through arbitration, rather 
than through negotiations. Unlike grievance arbitration, its use is not 
statutorily required. NMB offers the parties the

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opportunity to use binding interest arbitration when the agency has 
determined that further mediation efforts will not be successful. In 
addition, the parties may directly agree to resolve their collective 
bargaining dispute or portions of their dispute through interest 
arbitration. NMB generally provides the parties with panels of potential 
arbitrators from which they select an individual to resolve their 
dispute. In some instances, however, the parties agree to allow NMB to 
directly appoint an arbitrator. Interest arbitration decisions are final 
and binding with very narrow grounds for judicial appeal.

Sources of Information

Electronic Access  Information pertaining to Board operations, including 
weekly case activity reports, representation determinations, press 
releases, and an agency directory, are available on the Internet at 
www.nmb.gov.
NMB Knowledge Store  The Knowledge Store contains over 100,000 documents 
in an easily searchable format, including arbitration awards, 
representation decisions, annual reports, PEB reports, industry 
contracts, and union constitutions and bylaws.
Publications  The Annual Reports of the National Mediation Board are 
available on the NMB Web site (www.nmb.gov) in the Knowledge Store. A 
limited supply of paper copies is also available for public distribution 
by calling 202-692-5031.
Virtual Reading Room  Copies of collective-bargaining agreements between 
labor and management of various rail and air carriers and NMB 
Determinations (back to at least October 1, 1998) are available on the 
NMB Web site (www.nmb.gov) in the Knowledge Store.

For further information, contact the Public Information Officer, 
National Mediation Board, Suite 250 East, 1301 K Street NW., Washington, 
DC 20005-7011. Phone, 202-692-5050. Internet, www.nmb.gov.

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