NATIONAL MEDIATION BOARD SALARIES AND EXPENSES Activity 1. Mediatory Services (1978, $1,936,000, pos.51) (1979, $1,996,000, pos.51) Narrative Description of Program The National Mediation Board mediates disputes over wages, hours, and working conditions which occur between labor organizations and carriers in the railroad and airline industries. The parties may either request the services of the Mediation Board, or the Board, of its own volition, may enter the negotiations. In either case, once the Board's services have been invoked, the status quo must be maintained and resort to self-help is barred. The National Mediation Board also resolves representation disputes involving labor organizations which seek to represent railroad or airline employees. This function includes the investigation of the matter, conducting a hearing with a determination defining the proper craft or class, conducting a secret ballot election, or certifying on the basis of an authorization card check. Administrative support of above-noted principal functions includes: (1) overall supervision of office and field personnel; (2) liaison with labor-management representatives and the general public; (3) conducting hearings and the drafting of recommended decisions; (4) developing budget data and budget execution; (5) legal advice to Board members and the Justice Department regarding litigation involving the Board; and (6) research. Administrative support also fulfills various responsibilities imposed by such corollary statutes as the Rail Passenger Service Act of 1970 (Public Law 91-518) establishing the National Railroad Passenger Corporation (Amtrak); the Regional Rail Reorganization Act of 1973 (Public Law 93-236) establishing the Consolidated Rail Corporation (Conrail); the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210); the Freedom of Information Act (Public Law 93-502); and the Government in the Sunshine Act (Public Law 94-409). In FY 1977, only 6 work stoppages occurred in collective bargaining disputes, reflecting a decline from the previous year. The continuous effort to avert work stoppages was reflected by the fact that five agreements were negotiated in FY 1977 which contained provisions calling for interest arbitration as a strike substitute. The number of representation cases (112) closed in FY 1977 increased 20 percent from FY 1976 (93). `of notable significance is the fact that 13 elections held in FY 1977 involved 100 or more employees; 10 involved 200 or more employees; 4 involved greater than 5,000 employes; and one involved greater than 10,000 employees. Administrative support acquired increased responsibilities due to the issuance of several key representation determinations pursuant to public hearings; an increase in FOIA requests; an increase in the number of litigation cases involving the Board; the implementation of the provisions of the new Sunshine Act; and the adaptation of the new zero base budgeting process. In accordance with the purposes of the Sunshine Act, the Board decided to increase the number of public hearings in order to provide the public with the fullest practicable information about agency decision making. Also on the rise, was the number of FOIA requests in FY 1977 (100) which is almost four times as great as the number received during FY 1976 (28) and has required the assignment of one full time person. Similarly, litigation cases involving the National Mediation Board increased by greater than 30 percent in FY 1977 and were handled by the agency's only attorney. In FY 1978, based on National Mediation Board estimates, both mediation and representation caseloads will increase. The complexity and number of negotiable issues in the railroad and airline industries will have an apparent effect on mediation services. In addition to the local and national railroad negotiations which cover most rail carriers, there are additional negotiations involving Conrail and Amtrak. Conrail inherited some 140 collective bargaining agreements covering 34 crafts involving approximately 95,000 employees. Amtrak also has established a bargaining relationship with various crafts affecting approximately 18,000 employees. Thus, the potential collective bargaining disputes in this area could affect over 20 percent of all railroad employees (113,000/500,000) which would severely tax the Board's manpower resources. The recent passage of H.R. 6010, to amend Title XIII of the Federal Aviation Act of 1958, signed by the President on November 9, 1977, will make available to many air cargo carriers and their employees the statutory rights provided by the Railway Labor Act and specifically permits airlines operating in California and Florida to enter into agreement with interstate airlines through ticketing and baggage service for connecting passengers. Therefore the jurisdictional responsibilities of the National Mediation Board will increase. Additionally, greater efforts to organize small air carriers will increase representation disputes which if successful will result in an increase in the number of collective bargaining disputes. These collective bargaining disputes, however, 12. are particularly noteworthy inasmuch as they will be "first contract" negotiations which traditionally have been more difficult to resolve because there is no established rapport between the parties, the climate is frequently antagonistic, and the parties may be unsophisticated in the nuances of collective bargaining under the Railway Labor Act. Among the trends, indicated earlier, which have continued to increase, public hearings in representation cases have almost doubled during the first four months of FY 1978. This upward trend is expected to continue in 1978 and for the next several fiscal years. Also on the increase are the number of FOIA requests, already 36, compared to 100 for the entire FY 1977; and litigation cases, presently 18 for the first four months as compared to a total of 25 for the entire FY 1977. Additionally, the Board is developing a technical assistance program which is intended to anticipate problems in the labor management community and to resolve such problems before formal negotiations commence. In FY 1979, it is estimated that the trends noted above wil continue to escalate. The proposed deregulation of the airline industry will create a shifting in the patterns of entry. Many major air carriers would be forced to contract out to feeder lines thereby bringing carriers originally beyond the scope of the Railway Labor Act under coverage. The following tables provide the actual caseload figures for mediation and representation cases for 1977, and estimated figures for fiscal years 1978 and 1979. These projections are based on past experience. |