At the present time, Congress has not passed an appropriation for the National Mediation Board (NMB) for Fiscal Year 2011. The NMB is presently operating under an appropriation for Fiscal Year 2010 which expires on September 30, 2010.

All arbitrators are notified that no funds will be authorized for travel for the month of October.

If the NMB is operating under a continuing resolution on October 1, 2010, the NMB will make every effort to authorize some days that may be utilized for decisions in accordance with the NMB’s policy for the past four fiscal years. However, these authorizations will be made with minimal advanced notice. These days may be used for hearing cases if no travel is involved (either because the parties travel to the neutral, or because the case is heard using the NMB’s online technology).

The Anti-Deficiency Act precludes arbitrators from hearing cases for free. Since the present appropriation expires on September 30, 2010, arbitrators do not have any authority to schedule cases past this date if the cases involve the expenditure of funds by the NMB.

The Agency will continue to update you on its appropriation status. Questions must be directed to Darrell Dancer at (202) 692-5055.

This memorandum does not apply to party pay boards or cases.