82 FR 30912 - Notice of Proposed Information Collection Requests

NATIONAL MEDIATION BOARD

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30912-30913
FR Document		2017-13865
The National Mediation Board (NMB) invites comments on its proposal to the information collection request as required by the Paperwork Reduction Act of 1995.
Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30912-30913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13865]



[[Page 30912]]

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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 the information collection request as required by the 
Paperwork Reduction Act of 1995.

DATES: Interested persons are invited to submit comments on or before 
August 2, 2017.

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.
    Currently, the NMB is soliciting comments concerning 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.

    Dated: June 27, 2017.
Samantha T. Jones,
Assistant Chief of Staff, 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 C.F.R. Sec.  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 http://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 $615.40 annually ($582.08 time cost burden + $33.32 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:


[[Page 30913]]


The total time burden annual cost is $582.08
Time Burden Basis: The total hourly burden per year, upon respondents, 
is 17
Staff cost = $582.08
$34.24 per hour-based on mid level clerical salary
$34.24 x 17 hours per year = $582.08

    We are estimating that a mid-level clerical person, with an average 
salary of $34.24 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 $582.08 per year.

The total annual mailing cost to respondents is $33.32
Number of applications mailed by
Respondents per year 68
Total estimated cost $33.32
(68 x .49 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 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 http://www.nmb.gov/representation/rapply.html
    12. The total annualized Federal cost is $889.49. 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 $10.02

    Basis (mail cost): Forms are requested approximately 3 times per 
year and it takes 5 minutes to prepare the form for mail

Postage cost = $1.47
3 (times per year) x .49 (cost of postage)
Staff cost = $8.55
$.57 per minute (GS 9/10 $71,467 = $34.24 per hr. / 60)
$.57 x 5 minutes per mailing = $2.85
$2.85 x 3 times per year = $8.55
Total Mailing Costs = $10.02
c. Processing Cost = $798.00

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

Staff Cost = $798.00
$.57 per minute (GS 9/10 $71,467 = $34.24 per hr. / 60)
$.57 x 20 minutes per mailing = $11.40
$11.40 x 70 times per year = $798.00

    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 [email protected] 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 [email protected]. 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. 2017-13865 Filed 6-30-17; 8:45 am]
 BILLING CODE 7550-01-P
30912 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

NATIONAL MEDIATION BOARD Dated: June 27, 2017. 3. There is no improved technological
Samantha T. Jones, method for obtaining this information.
Notice of Proposed Information Assistant Chief of Staff, Administration, The burden on the parties is minimal in
Collection Requests National Mediation Board. completing the ‘‘Application for
Application for Investigation of Investigation of Representation
AGENCY: National Mediation Board. Dispute.’’
Representation Dispute
4. There is no duplication in
ACTION: Notice. Type of Review: Revision obtaining this information.
Title: Application for Investigation of 5. Rarely are representation elections
SUMMARY: The National Mediation Representation Dispute, conducted for small businesses.
Board (NMB) invites comments on its OMB Number: 3140–0001 Carriers/employers are not permitted to
proposal to the information collection Frequency: On occasion
request our services regarding
request as required by the Paperwork Affected Public: Carrier and Union
Officials, and employees of railroads representation investigations. The labor
Reduction Act of 1995. organizations, which are the typical
and airlines
DATES: Interested persons are invited to Reporting and Recordkeeping Hour requesters, are national in scope and
submit comments on or before August 2, Burden: would not qualify as small businesses.
2017. Responses: 68 annually Even in situations where the invocation
Burden Hours: 17.00 comes from a small labor organization,
SUPPLEMENTARY INFORMATION: Section 1. Abstract: When a dispute arises we believe the burden in completing the
3506 of the Paperwork Reduction Act of among a carrier’s employees as to who application form is minimal and that no
1995 (U.S.C. Chapter 35) requires that will be their bargaining representative, reduction in burden could be made.
the Office of Management and Budget the National Mediation Board (NMB) is 6. The NMB is required by Section 2,
(OMB) provide interested Federal required by Section 2, Ninth, to Ninth, to investigate the dispute, to
agencies and the public an early investigate the dispute, to determine determine who is the authorized
opportunity to comment on information who is the authorized representative, if representative, if any, and to certify
collection requests. OMB may amend or any, and to certify such representative. such representative. The NMB has no
waive the requirement for public The NMB’s duties do not arise until its ability to control the frequency,
consultation to the extent that public services have been invoked by a party technical, or legal obstacles, which
participation in the approval process to the dispute. The Railway Labor Act would reduce the burden.
would defeat the purpose of the is silent as to how the invocation of a 7. The information requested by the
information collection, violate State or representation dispute is to be NMB is consistent with the general
accomplished and the NMB has not information collection guidelines of
Federal law, or substantially interfere
promulgated regulations requiring any CFR 1320.6. The NMB has no ability to
with any agency’s ability to perform its
specific vehicle. Nonetheless, 29 C.F.R. control the data provided or timing of
statutory obligations. The Director, the invocation. The burden on the
Office of Administration, publishes that § 1203.2, provides that applications for
the services of the NMB under Section parties is minimal in completing the
notice containing proposed information ‘‘Application for Investigation of
collection requests prior to submission 2, Ninth, to investigate representation
disputes may be made on printed forms Representation Dispute.’’
of these requests to OMB. Each 8. No payments or gifts have been
proposed information collection secured from the NMB’s Office of Legal
Affairs or on the Internet at http:// provided by the NMB to any
contains the following: (1) Type of respondents of the form.
www.nmb.gov/representation/
review requested, e.g., new, revision 9. There are no questions of a
rapply.html. The application requires
extension, existing or reinstatement; (2) sensitive nature on the form.
the following information: the name of
Title; (3) Summary of the collection; (4) the carrier involved; the name or 10. The total time burden on
Description of the need for, and description of the craft or class respondents is 17.00 hours annually—
proposed use of, the information; (5) involved; the name of the petitioning this is the time required to collect
Respondents and frequency of organization or individual; the name of information. After consulting with a
collection; and (6) Reporting and/or the organization currently representing sample of people involved with the
Record keeping burden. OMB invites the employees, if any; the names of any collection of this information, the time
public comment. other organizations or representatives to complete this information collection
involved in the dispute; and the is estimated to average 15 minutes per
Currently, the NMB is soliciting
estimated number of employees in the response, including gathering the data
comments concerning the Application needed and completion and review of
for Investigation of Representation craft or class involved. This basic
information is essential in providing the the information.
Dispute and is interested in public
NMB with the details of the dispute so Number of respondents per year 68
comment addressing the following
that it can determine what resources Estimated time per respondent 15
issues: (1) Is this collection necessary to minutes
the proper functions of the agency; (2) will be required to conduct an
investigation. Total Burden hours per year 17
will this information be processed and (68 × .25)
2. The application form provides
used in a timely manner; (3) is the
necessary information to the NMB so 11. The total collection and mail cost
estimate of burden accurate; (4) how that it can determine the amount of staff burden on respondents is estimated at
sradovich on DSK3GMQ082PROD with NOTICES

might the agency enhance the quality, and resources required to conduct an $615.40 annually ($582.08 time cost
utility, and clarity of the information to investigation and fulfill its statutory burden + $33.32 mail cost burden.)
be collected; and (5) how might the responsibilities. Without this a. The respondents will not incur any
agency minimize the burden of this information, the NMB would have to capital costs or start up costs for this
collection on the respondents, including delay the commencement of the collection.
through the use of information investigation, which is contrary to the b. Cost burden on respondents—
technology. intent of the Railway Labor Act. detail:

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Document Created: 2018-11-14 10:20:14
Document Modified: 2018-11-14 10:20:14
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Interested persons are invited to submit comments on or before August 2, 2017.
FR Citation		82 FR 30912