Notice of Proposed Information Collection Requests, 14746-14748 [2014-05726]

Agencies

• National Mediation Board

[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14746-14748]
From the Federal Register Online via the Government Printing 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 
https://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 https://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 murdock@nmb.gov 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 williams@nmb.gov. 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