[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