[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14746-14748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05726]
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NATIONAL MEDIATION BOARD
Notice of Proposed Information Collection Requests
AGENCY: National Mediation Board.
ACTION: Notice.
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SUMMARY: The National Mediation Board (NMB) invites comments on its
proposal to revise a previously-approved information collection request
as required by the Paperwork Reduction Act of 1995. In December of
2012, in response to amendments to the Railway Labor Act, the NMB
published a Final Rule changing the showing of interest requirements
for organizations seeking a representation election. As a result, the
NMB is revising the Application for Investigation of Representation
Dispute to reflect that all applicants must submit the same showing of
interest. In addition, the NMB is revising the application by requiring
applicants to attest that all of the information submitted is true to
the best of the signer's knowledge. The revised application will also
only provide space for one craft or class per application, thereby
requiring a separate application for each craft or class.
DATES: Interested persons are invited to submit comments on or before
May 16, 2014.
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.
The revisions to the Application for Investigation of
Representation Dispute include the following:
1. The application will reflect the fact that applicants no longer
have the option of submitting an application supported by a 35 percent
showing of interest. All applicants will be required to indicate that
the application is supported by a 50 percent showing of interest. In
response to 2012 amendments to the Railway Labor Act, the NMB published
a Final Rule on December 21, 2012 reflecting the changed showing of
interest requirements. 29 CFR 1206.2. This revision will not change the
burden to the applicant in completing the form.
2. The application will include the following attestation:
``Federal Law prohibits knowingly and willfully making materially
false, fictitious, or fraudulent statements or representations in any
matter within the jurisdiction of the U.S. Government. 18 U.S.C. 1001.
This includes the information provided on this application as well as
the accompanying showing of interest.''
[[Page 14747]]
This revision will not change the burden to the applicant in completing
the form.
3. The revised application will require applicants to complete a
separate application for each craft or class. Applicants rarely list
more than one established craft or class on each application. This
revision should not have an impact on the burden to applicants or
increase the number of applications received by the NMB.
Currently, the NMB is soliciting comments concerning the proposed
revisions 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.
In addition, the NMB requests comments on any substantive and legal
issues raised by the changes to the Application for Investigation of
Representation Dispute discussed above, especially those raised by the
inclusion of the attestation of the truthfulness of the information
provided.
Dated: March 11, 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.
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
[[Page 14748]]
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 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. 2014-05726 Filed 3-14-14; 8:45 am]
BILLING CODE 7550-01-P