[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)] [Notices] [Pages 57599-57600] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-28266] ======================================================================= ----------------------------------------------------------------------- NATIONAL MEDIATION BOARD Proposed Information Collection Request Submitted for Public Comment and Recommendations; Application for Mediation Services, and Application for Investigation of Representation Dispute ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The National Mediation Board, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden, (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the National Mediation Board is soliciting comments concerning the proposed extension of the Application for Mediation Services, and the Application for Investigation of Representation Dispute. A copy of the proposed information collection request can be obtained by contacting the employee listed below in the contact section of this notice. DATES: Written comments must be submitted on or before January 16, 1996. Written comments should:Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; Enhance the quality, utility, and clarity of the information to be collected; and Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. ADDRESSES: Send comments to Reba F. Streaker, Records Officer, National Mediation Board, 1301 K Street, NW., [[Page 57600]] Suite 250 East, Washington, DC 20672. Telephone No. (202) 523-5627 and FAX No. (202) 523-1494. SUPPLEMENTARY INFORMATION: A. Application for Mediation Services, NMB-2 I. Background Section 5, First of the Railway Labor Act, 45 U.S.C., 155, First, provides that both, or either, of the parties to the labor-management dispute may invoke the mediation services of the National Mediation Board. Congress has determined that it is in the nation's best interest to provide for Governmental mediation as the primary dispute resolution mechanism to resolve labor-management disputes in the railroad and airline industries. The Railway Labor Act is silent as to how the invocation of mediation is to be accomplished and the Board has not promulgated regulations requiring any specific vehicle. Nonetheless, 29 CFR 1203.1, provides that applications for mediation services be made on printed forms which may be secured from the National Mediation Board. This section of the regulations provides that applications should be submitted in duplicate, show the exact nature of the dispute, the number of employees involved, name of the carrier and name of the labor organization, date of agreement between the parties, date and copy of notice served by the invoking party to the other and date of final conference between the parties. The application should be signed by the highest officer of the carrier who has been designated to handle disputes under the Railway Labor Act or by the chief executive of the labor organization, whichever party files the application. II. Current Actions The extension of this form is necessary considering the information provided by the parties is used by the Board to structure a mediation process that will be productive to the parties and result in a settlement without resort to strike or lockout. The Board has been very successful in resolving labor disputes in the railroad and airline industries. Approximately 97 percent of all labor disputes we have handled since 1934 have been resolved without a strike. This success ratio would possibly be reduced if the Board was unable to collect the brief information that it does in the application for mediation services. Type of Review: Extension of the expiration date of a currently approved collection without any change in the substance or in the method of collection. Agency: National Mediation Board. Title of Form: Application for Mediation Services. OMB Number: 3140-0001. Agency Number: NMB-2. Frequency: Daily. Affected Public: Carrier and Union Officials, and employees of railroads and airlines. Number of Respondents: 123 annually. Estimated Time Per Respondent: The burden on the parties is minimal in completing the Application for Mediation Services. There is no improved technological method for obtaining this information. Total Estimated Cost: $1040.00. Total Burden Hours: 43. B. Application for Investigation of Representation Dispute, NMB-3 I. Background Section 2, Fourth of the Railway Labor Act, 45 U.S.C. 152, Fourth, provides that railroad and airline employees shall have the right to organize and bargain collectively through representatives of their own choosing. When a dispute arises among the employees as to who will be their bargaining representative, the National Mediation Board is required by Section 2, Ninth to investigate the dispute, to determine who is the authorized representative, if any, and to certify such representative to the employer. The Board'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 Board has not promulgated regulations requiring any specific vehicle. Nonetheless, 29 CFR 1203.2 provides that requests to investigate representation disputes may be made on printed forms NMB-3. The application shows the name or description of the craft or class involved, the name of the invoking organization, the name of the organization currently representing the employees, if any, and the estimated number of employees in the craft or class involved. This basic information is essential to the Board in that it provides a short description of the particulars of dispute and the Board can begin determining what resources will be required to conduct an investigation. II. Current Actions The extension of this form is necessary considering the information is used by the Board in determining such matters as how many staff will be required to conduct an investigation and what other resources must be mobilized to complete our statutory responsibilities. Without this information, the Board would have to delay the commencement of the investigation, which is contrary to the intent of the Railway Labor Act. Type of Review: Extension of the expiration date of a currently approved collection without any change in the substance or in the method of collection. Agency: National Mediation Board. Title of Forms: Application for Investigation of Representation Dispute. OMB Number: 3140-002. Agency Number: NMB-3. Frequency: Daily. Affected Public: Union Officials, and employees of railroads and airlines. Number of Respondents: 68 annually. Estimated Time Per Respondent: The burden on the parties is minimal in completing the Application for Investigation of Representation Dispute. There is no improved technological method for obtaining this information. Total Estimated Cost: $517.00. Total Burden Hours: 24.50. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request, they will also become a matter of public record. Dated: November 9, 1995. Reba Streaker, Records Officer/Paperwork Clearance Officer. [FR Doc. 95-28266 Filed 11-15-95; 8:45 am] BILLING CODE 7550-01-P