OMB Supporting Statement Form R-19

Supporting Statement

Form R-19

OMB 3076-0003

A. Justification

1. The policy of the United States, as expressed at Section 201(b) of the Labor Management Relations Act (29 U.S.C. 171(b)), is to make governmental facilities available for voluntary arbitration. To carry out this policy, the Federal Mediation and Conciliation Service (FMCS) have issued regulations (29 CFR Part 1404) which provide for the operation and maintenance of a roster of professional arbitrators. Arbitrators on the roster issue 2500 decisions annually. FMCS utilizes Form R-19 (Arbitrator’s Report and Fee Statement), which arbitrators file with the Agency following each decision rendered, to monitor the work of the arbitrator and to collect arbitration information, such as median arbitrator fees and days spent on each case, for the Agency’s annual report.

2. The information supplied by individual arbitrators on Form R-19 is used by FMCS to monitor their work, particularly with regard to fees charged and days required to hear a case and render a decision. The Agency also uses data collected in this form (including date or award, identity of parties, issues presented, whether briefs and transcripts were filed, due day of award) to prepare the arbitration section of its annual report.

3. Form R-19 is available on FMCS’ website but must be filed in hard copy. There are no other technological considerations.

4. There is no other form which duplicates R-19.

5. No small businesses are impacted.

6. There are no special consequences to Federal program or policy activities if the collection is not conducted.

7. Arbitrators are required to file a Form R-19 upon the completion of each case. There are no other special circumstances.

8. The agency 60-day notice is contained in the Federal Register of November 29, 2006, Vol. 71, No. 229, pages 69130-69132. No comments were received. There has been no consultation with persons outside the agency within the last three years.

9. There has been no decision to provide any payment or gift to respondents.

10. There has been no assurance of confidentiality provided to the respondents.

11. There are no questions of a sensitive nature, such as sexual behavior and attitudes, religion beliefs, and other matters that are commonly considered private.

12. There are 1344 arbitrators submitting 2,500 forms per year. The annual burden is 417 hours. This figure was calculated by taking 2,500 responses and multiplying the figure by 10 minutes (per report) which equals 25,000 minutes. The 25,000 minutes divided by 60 minutes equals 417 hours. The annualized cost burden to respondents is estimated to be $49,917 ($115 average arbitrator hourly rate, multiplied by 1/6 hour per response, multiplied by 2500 responses).

13. The total annual O&M reporting cost burden is minimal and estimated at $1 per response for supplies and mailing or $2500. Records are kept for 7 years.

14. Since Form R-19 is available on line, the annual costs to the Agency is substantially limited to processing. Processing is estimated to be $50,000.

15. Adjustment attributable to expiration of Form R-19 on January 31, 2006.

16. Selected data from Form R-19 submissions are aggregated for inclusion in FMCS’ annual report.

17. The agency is not seeking approval to preclude display of the expiration date of OMB approval on the information collection.

18. There is no exception to the certification statement identified in Item 19 (certification for Paperwork Reduction Act Submissions).

B. Not Applicable