Supporting Statement ADR[1]

Supporting Statement

Application for ADR Services

National Mediation Board (NMB)

JUSTIFICATION:

1. The Railway Labor Act, 45 U. S. C., 151 a. General Purposes, provides that the purposes of the Act are (1) to avoid any interruption to commerce or to the operation of any carrier engaged therein. . . . (4) to provide for the prompt and orderly settlement of all disputes concerning rates of pay, rules, or working conditions, and (5) to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions.

In fulfilling its role to administer the Act, the National Mediation Board offers the parties to disputes mediation and arbitration services. On a voluntary basis, training programs in Alternative Dispute Resolution (ADR) and facilitation services are also available. These ADR programs are designed to enhance the bargaining and grievance handling skill level of the disputants and to assist the parties in the resolution of disputes. The impact of these ADR programs is that mediation and arbitration can be avoided entirely or the scope and number of issues brought to mediation or arbitration can be significantly reduced.

2. This collection is necessary to confirm the voluntary participation of the parties in the ADR process. The information provided by the parties is used by the NMB to schedule the parties for ADR training and facilitation. Based on a recent survey of those who participated in the NMB’s ADR Programs, 94.6% said they were satisfied with the ADR Programs and said they recommend the program for all negotiators. Collecting the brief information on the Application for ADR Services form allows the parties to voluntarily engage the services of the NMB in the orderly settlement of all disputes and fulfill the purposes of the Act.

3. There is no improved technological method for obtaining this information. The burden on the parties is minimal in completing the Application for ADR Services.

4. There is no duplication in obtaining this information and the information does not exist elsewhere.

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

6. The collection of this information is voluntary and occurs when the labor and management parties determine that training is required. The NMB has no ability to control the frequency of applications, because the submission is voluntary. There are no technical or legal obstacles involved with this collection.

7. The information requested by the NMB is consistent with the general information collection guidelines of C.F.R. 1320.8 (b) (3). The burden on the parties is minimal in completing the Application for ADR Services. We do not require submission of more than one copy of any document, nor do we require submission of any confidential information.

8. A notice regarding the Application for ADR Services was published in the Federal Register on March 24, 2004, pages 13910 and 13911, 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.)

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

10. The information collected is not confidential.

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

12. The total time burden on respondents is 9 hours annually – this is the time required to collect information. The time required to complete this information collection is estimated to average 12 minutes per response, including gathering the data needed and completion and review of the information.

1. Number of respondents per year 45

2. Estimated time per respondent 12 minutes

3. Total Burden hours per year 9

(45 x 12 = 540 ÷60 = 9 hours)

13. The total collection cost burden on respondents is estimated at $135.00 annually. There is no mail cost burden - the forms are usually faxed or emailed (not mailed) to the NMB for processing.

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

2. Cost burden on respondents – detail:

(1) The total time burden annual cost is $135.00

We are estimating that a mid-level clerical person, with an average salary of $15.00 per hour will be completing the Application for ADR Services form. The total burden is estimated at 9 hours, therefore the total time burden cost is estimated at $135.00 per year.

Time Burden Basis: total hourly burden per year

$15.00 per hour – based on mid level clerical salary

$15.00 x 9 hours per year = $135.00

14. The total annualized Federal cost is $1,242 – this cost represents the processing cost of the applications once they are received by the NMB. There are no printing or mailing costs. The forms are available on our website and registrants print and fax or email them to us.

a. Processing Costs = $1,242.00

Processing costs basis: Applications for ADR Services are submitted approximately 45 times per year and it takes 60 minutes to process each application

Staff cost =

$ .46 per minute (GS 9/10 = $27.33 per hr.  60)

$ .46 x 60 minutes per request = $27.60

$27.60 x 45 times per year = $1,242.00

15. On OMB 83-I form, Item 13. Program Change & 14. Adjustments – this collection was not previously included in the Paperwork Reduction Act process.

16. The information collected by the request will not be published.

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

18. (a) – the form does not reduce the burden on small entities; however, the collection is not used by small entities. The burden is minimized and voluntary.

18. (b) – the form does not indicate the retention period for record keeping requirements.

18. (c) - the form is not part of a statistical survey.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Not applicable to this collection.

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