Supporting Statement Mediation2008

Supporting Statement Mediation2008.doc

Application for Mediation Services

OMB: 3140-0002

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Supporting Statement

Application for Mediation Services

National Mediation Board (NMB)




A. JUSTIFICATION:

  1. Section 5, First, of the Railway Labor Act, 45 U.S.C., 155, First, provides that both, or either, of the parties to a labor/management dispute may invoke the mediation services of the NMB. 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 collective bargaining disputes in the railroad and airline industries.

  2. The extension of this form is necessary considering the information provided by the parties is used by the NMB to structure a mediation process that will be productive to the parties and result in a settlement hopefully, without resort to a strike of lockout. The NMB 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 an interruption of transportation services. This success ratio would possibly be reduced if the NMB was unable to collect the brief information on the Application for Mediation Services.


  1. There is no improved technological method for obtaining this information. The burden on the parties is minimal in completing the one-page Application for Mediation Services.


  1. There is no duplication in obtaining this information. The information sought in the Application for Mediation Services constantly changes and is known at any given time only to the labor and management parties involved. Thus, there is no similar information reliable available elsewhere.


  1. This collection does not impact small businesses or other small entities.

  2. Although the Application for Mediation Services is required by 29, C.F.R. 1203.1, parties determine when to submit the applications. The NMB has no ability to control the frequency of applications or the technical or legal obstacles, which would reduce the burden.


  1. The information requested by the NMB is consistent with the general information collection guidelines of C.F.R. 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 Mediation Services.


  1. A notice regarding the Application for Mediation Services was published in the Federal Register on _______, pages _____ and______, for public comment. The NMB did not receive any comments on this published notice. There have been no recent consultations regarding the form. (See attached copy of notice.)


  1. No payments or gifts have been provided by the NMB to any respondents of the form.


  1. Under the NMB’s regulations, particularly 29 C.F.R. 1208.5, the invocation of mediation is releasable to a requestor of that information. The parties are aware, therefore, that this information is not confidential.


  1. There are no questions of a sensitive nature on the form.


  1. The total time burden on respondents is 12.50 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.

1.Number of respondents per year 50

2.Estimated time per respondent 15 minutes

3.Total Burden hours per year 12.50

(50 x .25)


  1. The total collection and mail cost burden on respondents is estimated at $246.00 annually ($225.00 time cost burden + 21.00 mail cost burden.)


  1. The respondents will not incur any capital costs of start up costs for this collection.

  2. Cost burden on respondents – detail:


The total time burden annual cost is $225.00

Time Burden Basis: the total hourly burden per year, upon respondents, is 12.50.

Staff cost = $225.00

$18.00 per hour – based on mid level clerical salary

$18.00 x 12.50 hours per year = $225.00



We are estimating that a mid-level clerical person, with an average salary of $18.00 per hour will be completing the Application for Mediation Services form. The total burden is estimated at 12.50 hours, therefore the total time burden cost is estimated at $225.00 per year.

The collection of this information is not mandatory; it is a voluntary request from airline and railroad carrier employees seeking to invoke mediation services.


The total annual mailing cost to respondents is $21.00

4.Number of applications mailed by 50

Respondents per year

5.Total estimated cost $21.00

(50 x .42 stamp)


The collection of this information is not mandatory; it is a voluntary request from airline and railroad carrier employees seeking to invoke mediation services. NMB will send the forms to the carriers and organizations upon request. The Form is available on the internet which is now the primary source of the form.


  1. The total annualized Federal cost is $539.20 – this involves color copying, mailing the forms upon request of the parties, and processing the Application for Mediation Services when mediation is invoked. The completed applications are maintained by the Director, Office of Mediation Services of the NMB.


a. Copy cost $ 10.00

b. Mailing costs $ 29.20


Basis (mail cost): Forms are requested 10 times per year and it takes 5 minutes to prepare the form for mail

Postage cost = $4.20

10 (times per year) x .42 (cost of postage)

Staff cost = $25.00

$.50 per minute (GS 9/10 $62,546 = $30.07 per hr. 60)

$.50 x 5 minutes per mailing = $2.50

$2.50 x 10 times per year = $25.00

Total Mailing Costs = $29.20 ($4.20 + $25.00)


c. Processing Costs = $500.00


Basis (processing cost): Mediation is requested approximately 50 times per year and it takes 20 minutes to process each application

Staff cost = $500.00

$ .50 per minute (GS 9/10 $62,546 = $30.07 per hr. 60)

$ .50 x 20 minutes per application = $10.00

$10.00 x 50 times per year = $500.00


  1. Item 13 – no change in annual reporting and recordkeeping hour burden.

  2. The information collected by the application will not be published.

  3. The NMB will display the OMB expiration date on the form.

19 (c) – the form does not reduce the burden on small entities; however, the burden is minimized and voluntary.

19 (f) – the form does not indicate the retention period for record keeping requirements.

19 (i) - the form is not part of a statistical survey.



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File Typeapplication/msword
File TitleSupporting Statement
Last Modified Bydv212
File Modified2009-01-27
File Created2009-01-27

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