OMB F-7 Justification Statement

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SUPPORTING STATEMENT FOR PAPERWORK REDUCTION ACT SUBMISSIONS

FMCS F-7 Notice Submission Form
OMB NO. 3076-0004

Supporting Statement A: Justification

    1. Circumstances that make the collection of information necessary.
The FMCS F-7 Notice Submission Form, FMCS Form F-7, is used to facilitate a reporting requirement to FMCS by labor or management practitioners under the National Labor Relations Act (NLRA), 29 U.S.C. 158(d)(3). This reporting requirement under the NLRA states that the party’s signatory to a collective bargaining agreement is required to notify our agency in the event that they have a dispute related to negotiating the continuation of an expiring collective bargaining agreement. Also, the FMCS Form F-7 utilizes federal mediation to prevent or minimize disruption to the community that could arise from a labor/management dispute.  In discussions with the contacted parties, the chief negotiators may request an FMCS mediator to assist in the negotiations from an experienced, neutral, 3rd party perspective that can many times help the parties find a resolution and prevent a strike or other adverse action that could negatively impact a community, city, state, or even country-wide area.   The data collected via our F-7 Notice intake process facilitates our agency’s ability to contact the involved parties and determine if mediation or other agency services are warranted. The data that is collected is the event data (contract expiration date), industry data, contact data, and location data so we can route the F-7 to a mediator in a nearby vicinity if possible.
    2. By whom, how, and for what purpose the information is to be used.
The FMCS Office of Client Services utilizes an online F-7 Notice submission form to collect from the filer of the form the existing contract expiration date, size of the bargaining unit, and industry to determine potential impact to the related communities. Knowledge of the type of industry, collected via a drop-down selection on the form, is important to determine the possible disruption level that could have a minimal to significant community impact. The names and contact information for the employer and union and their bargaining representatives are included as our point of contact. We post the F-7 filings on our public facing website on a monthly basis.  This proactive disclosure is required under the Freedom of Information Act (FOIA).
    3. Consideration of the use of improved information technology.
The collection of data via the F-7 Notice submission form is received electronically.  Electronic submissions reduce the manual processing time and expenses as opposed to receiving and processing data via email.
    4. Efforts to identify duplication.
Duplication of intake data is manually and electronically checked and vetted in our case records management system prior to case assignment.
    5. Methods to minimize the burden to small businesses if involved.
Most collective bargaining agreements expire in three-year cycles. A filing of a Notice every three years or sooner does not present any significant burden on any small entity.
    6. Consequences to the Federal program if collection were conducted less frequently.
This data collection and frequency is required by law. The frequency is based upon a labor contract expiration date (typically 3-year intervals).  
    7. Explain any special circumstances that would cause the information collection to be conducted in a manner inconsistent to the guidelines.
There are no special circumstances regarding the collection of this information that would cause the information collection to be conducted in a manner inconsistent with the guidelines.
    8. Consultation.
Attached are the notices published in the Federal Register soliciting comments.  No public comments were received. FMCS frequently consults with outside parties who complete this Form regarding the data collected and disseminated as a result of this collection activity. .
    9. Explain any decision to provide any payment of gift to respondents.
There is no payment or gift to respondents.
    10. Describe any assurance of confidentiality provided to respondents.
FMCS provides a Privacy Act Statement on our F-7 submission form. However, we do not collect personal contact information on the form, only business contact information.
    11. Additional justification for any questions of a sensitive nature.
FMCS does not collect information of a sensitive nature.
    12. Estimates of reporting and recordkeeping hour and cost burdens of the collection of information.
Approximately, 25,000 respondents file notices with the FMCS each year.  The annual hour burden is an estimated 4,167 hours, approximately 10 minutes for each Notice.
    13. Estimates of annualized capital and start-up costs.
The total annual reporting cost burden is $92,174.  This figure was estimated by multiplying the estimated annual burden hours of 4,167 by the amount of the pro-rated mean hourly wages for administrative assistance of $22.12.
    14. Estimates of annualized Federal Government Costs.
The estimated annualized cost to the government includes: $196,198 for administrative and operational support overhead including space rental, equipment, IT support, HR Support, and related functions; and $299,000 for wages and benefits of notice processing employees.  The total cost to the government is estimated at $495,198 annually.
    15. Explain the reasons for the change in burden.
There is an estimated increase of 2,500 hours and 9,000 responses received compared to the last approval in part due to increased organizing efforts by labor unions.
    16. For collections of information whose results are planned to be published for statistical use, outline plans for tabulation, statistical analysis and publication.
There is no current plan to push statistical data to the public, but it may be made available upon request by Congress or as covered under our Case Records SORN. The F-7 notification data is currently published monthly on our public website in response to FOIA requests. 
    17. Explain the reasons for seeking not to display the expiration date for OMB approval of the information of collection.
There is no objection to display an OMB expiration date.
    18. Explain each exception to the certification statement.
There is no exception to the certification statement.