[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Proposed Rules]
[Page 46983-46984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-12]
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NATIONAL MEDIATION BOARD
29 CFR Chapter X
Administration of National Railroad Adjustment Board Functions
and Activities
AGENCY: National Mediation Board.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Railway Labor Act (RLA) establishes the National Mediation
Board (NMB) whose functions, among others, are to administer certain
provisions of the RLA with respect to the arbitration of labor disputes
in the rail industry, including the administration of the National
Railroad Adjustment Board (NRAB) established under the RLA. The RLA
provides the NMB with authority for administration, including making
expenditures for necessary expenses, of the NRAB.
The NMB is considering changes to its rules and procedures to
facilitate the more timely resolution of grievances (``minor
disputes'') among grievants and carriers in the railroad industry.
Because of its role in the administration of the NRAB's program, the
NMB is interested in receiving public input on the factors that should
be considered in accomplishing this goal. In particular, because of the
NMB's statutory responsibility for the appointment and compensation of
neutral arbitrators (``referees'') to resolve deadlocks within NRAB
divisions, and the NMB's overall statutory responsibility for the
administrative processing of grievances to facilitate the timely
resolution of these disputes in the railroad industry, the NMB is
considering what initiatives it may undertake to further the resolution
of deadlocks on a more timely and expeditious basis. In addition, the
NMB is interested in receiving public input on achieving case
resolution in the most cost effective way possible.
DATES: Comments must be in writing and must be received by September 8,
2003.
ADDRESSES: All comments should be addressed to Roland Watkins, Director
of Arbitration/NRAB Administrator, National Mediation Board, 1301 K
Street, NW., Suite 250--East, Washington, DC 20572. Attn: NMB Docket
No. 2003-01. You may submit your comments via letter, or electronically
through the Internet to the following address: arb@nmb.gov. If you
submit your comments electronically, please put the full body of your
comments in the text of the electronic message and also as an
attachment readable in MS Word. Please include your name, title,
organization, postal address, telephone number, and e-mail address in
the text of the message. Comments may also be submitted via facsimile
to (202) 692-5086. Please cite NMB Docket No. 2003-01 in your comment.
FOR FURTHER INFORMATION CONTACT: Roland Watkins, NRAB Administrator,
1301 K Street, NW., Suite 250 East, Washington, DC 20572 (telephone:
202-692-5000).
SUPPLEMENTARY INFORMATION:
A. Background and Summary
The Railway Labor Act (RLA), 45 U.S.C. 151 et seq. establishes the
National Mediation Board (NMB) whose functions, among others, are to
administer certain provisions of the RLA with respect to the
arbitration of labor disputes in the rail industry, including the
administration of the National Railroad Adjustment Board (NRAB)
established under 45 U.S.C. 153. 45 U.S.C. 154, Third, provides the NMB
with authority for administration, including making expenditures for
necessary expenses, of the NRAB.
Pursuant to its authority under 45 U.S.C. 154, Third, the NMB is
considering changes to its rules and procedures to better facilitate
the timely resolution of minor disputes between grievants and carriers
in the railroad industry. Because of its fundamental role in the
administration of the NRAB,
[[Page 46984]]
the NMB is interested in receiving public comment on the various
factors that might be considered in accomplishing this goal. In
particular, because of the NMB's statutory responsibility for the
appointment and compensation of neutral arbitrators (``referees'') to
resolve deadlocks within NRAB divisions, the NMB is considering what
improvements it may pursue to resolve deadlocks on a more expeditious
basis. In addition, the NMB is interested in receiving public input on
achieving case resolution in the most cost effective way possible.
B. Public Comments
Interested persons are invited to participate by submitting data,
views or arguments with respect to this ANPRM. All comments must be in
writing and must be submitted to the address indicated in the ADDRESSES
section.
Dated: August 1, 2003.
Roland Watkins,
National Railroad Adjustment Board Administrator.
National Mediation Board--Advance Notice of Proposed Rulemaking--
Improving the Administration of Case Processing Before the National
Railroad Adjustment Board
The Railway Labor Act (RLA), 45 U.S.C. 151 et seq. establishes the
National Mediation Board (NMB) whose functions, among others, are to
administer certain provisions of the RLA with respect to the
arbitration of labor disputes in the rail industry, including the
administration of the National Railroad Adjustment Board (NRAB)
established under 45 U.S.C. 153.45 U.S.C. 154, Third, authorizes the
NMB to provide for the administration (including the making of
expenditures for necessary expenses) of the NRAB.
Pursuant to its authority under 45 U.S.C. 154, Third, the NMB is
considering changes to its administrative rules and procedures to
facilitate the timely resolution of various disputes between grievants
and carriers in the railroad industry. Because of its statutory role in
the administration of the NRAB's program, the NMB is interested in
receiving public input on the factors that should be considered in
accomplishing this goal. In particular, because of the NMB's
responsibility for the appointment and compensation of neutral
arbitrators (``referees'') to resolve deadlocks within NRAB divisions,
the NMB is considering what initiatives it may undertake to further the
resolution of deadlocks on a more timely and expeditious basis. In
addition, the NMB is interested in receiving public input on achieving
case resolution in the most cost effective way possible.
The NMB has undertaken a review of the administration of the
program of the NRAB. The NMB's initial review suggests that given
budgetary and staffing constraints, the NMB should place greater
emphasis on the NMB's statutory responsibility to ensure the prompt
resolution of minor disputes that come before the NRAB. The NMB is
particularly interested in speeding the resolution of minor disputes
because of the Government's need to provide for the efficient and
effective use of taxpayer money. Any proposed action to be taken by the
NMB in this area will govern the NMB's administrative processing of
cases in which the parties request that the NMB compensate the
arbitrator.
Question One: If the NMB promulgates procedures for the
administrative processing of NRAB cases in which the parties request
that the Government compensate the neutral (``referee''), what should
be the criteria or guidelines for these procedures?
It has been suggested to the NMB, that a desirable goal is to have
minor disputes resolved within one year of the filing of a Notice of
Intent to File a Submission. At present, it is not uncommon for cases
to remain unresolved for two years.
Question Two: If a stated goal of any new procedures to be adopted
by the NMB is to have the cases decided by an arbitrator within one
year from the date of the filing of the Notice of Intent, what steps do
you recommend comprise this procedure? Do you believe that a one year
goal is reasonable? If not, why not?
Question Three: If the parties do not agree to follow the
procedures adopted by the NMB, should there be any adverse
consequences? Should the parties have options with respects to these
procedures? What would you recommend be the steps that comprise an
efficient case resolution procedure?
Question Four: What should happen to those cases that are still
pending after one year in which the parties have not placed the cases
before a Public Law Board, pursuant to 45 U.S.C. 153, Second? If the
cases are placed before a Public Law Board, should a time limit be
imposed for the resolution of those cases?
At present, the NRAB has approximately 2,000 cases pending before
it. Many of these cases arise out of the filing of multiple grievances
by different parties for the same underlying set of facts.
Question Five: In order to ensure the most efficient use of limited
Government resources, should the NMB, in agreeing to pay for the
appointment of an arbitrator (``referee'') require the consolidation of
similar cases dealing with similar issues? If, in your view, case
consolidation is a viable option for improving the resolution of cases,
what should be the standards adopted for consolidation? What should the
NMB do if the parties refuse to consolidate cases, when in the NMB's
view, it would be appropriate to do otherwise?
Question Six: As the goal of this initiative is to improve the
processing of disputes before the NRAB, are there any other
recommendations or suggestions that you would make to the NMB with
regard to its statutory responsibilities for the administration of the
NRAB?
The NMB will review all submissions made in response to this ANPRM
in the development of any possible notice of proposed rulemaking. In
addition, the Board intends to hold a public hearing prior to the
release of any proposed rule, in order to permit interested parties an
opportunity to further elaborate on the points made in their comments
in response to this ANPRM. The notice of an open public meeting before
the NMB will be the subject of a separate notice appearing in a future
issue of the Federal Register.
[FR Doc. 03-20085 Filed 8-6-03; 8:45 am]
BILLING CODE 7550-01-P