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NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

Activity 3b. Adjustment of Railroad Grievances (Fublic Law

Boards and Special Boards of Adjustment)
(1978, $939,200, pos, 17 other than permanent)
(1979, $958,800, pos, 18 other than permanent)

Narrative Description of Program

Special boards of adjustment are tribunals set up by agreement, usually on an individual railroad, and with a single labor organization, to consider and decide specifically agreed to dockets of disputes arising out of grievances or out of the interpretation or application of provisions of a collective bargaining agreement. Such disputes normally would be sent to the National Railroad Adjustment Board for adjudication as provided by section 3 of the Railway Labor Act, but in these instances, the parties, by agreement, adopt the special board procedure in order to secure prompt disposition of these disputes. The special boards had their inception in the late 1940's.

On June 20, 1966, the President approved Public Law 89-456 (H.R. 706), which amended certain provisions of section 3 of the Railway Labor Act.

In general, the amendment authorizes the establishment of special boards of adjustment, known as public law boards, on individual railroads upon written request of either the representatives of employees or of th railroad to resolve disputes otherwise referable to the National Railroad Adjustment Board and those disputes pending before the Board for 12 months.

The amendments also make all awards of the National Railroad Adjustment Board and special boards of adjustment established pursuant to the amendment final (including money awards) and provide opportunity to both employees and employers for limited judicial review of such awards.

The National Mediation Board has adopted rules and regulations defining responsibilities and prescribing related procedures under the amendment for the establishment of special boards of adjustment, their designation as public law boards, the filing of agreements and the disposition of records.

Neutral members of public law boards and special boards of adjustment are appointed by the National 'Mediation Board. In addition to neutrals appointed to public law boards to dispose

of disputes involving grievances, interpretations, or application of collective bargaining agreements, neutrals may be appointed to dispose of procedural issues which arise as to the establishment of the public law board itself.

In FY 1977, 214 new public law boards were established and 279 were convened. In addition, 17 special boards of adjustment were established and 24

were

convened. In total, the above noted boards closed 6,0241cases in 5,034 neutral man-days. It is anticipated, that the number of cases closed by such boards will increase in subsequent years due to efforts made by the National Mediation Board to get the parties to reduce caseloads by issues or pilot cases.

In FY 1978, however, it is anticipated that the number of cases closed by such boards will equal 5,1152due to the fact that 450 less neutral days (4,584) will be available.

In FY 1979, it is anticipated that 6,5253bases will be closed due to the moderately successful efforts of the National Mediation Board to reduce caseloads by issues or pilot cases as noted above.

Changes for 1979

Changes amount to.....

.$ 26,000 Positions (other than permanent).

+1 The Board anticipates an increase of $26,000 to cover expenditures from the amount available in fiscal year 1978.

The budget for 1979 shows an increase of $28,000 for neutral salaries, and a decrease of $2,000 in personnel benefits. Neutrals are appointed from all over the United States, and boards meet in various locations throughout the country.

The number of days a neutral may work during one month for the National Railroad Adjustment Board, public law boards, and special boards of adjustment has been reduced from 22 to

Neutrals are also being encouraged to curtail their travel as much as possible, and to convene more than one board during one trip when feasible.

20.

1/ Sba's 861; PLs 5,163 2/ Sba's 900; Pls 4,215

Sba's 900; Pls 5,625

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1/ Includes awards of neutrals and cases withdrawn.

THURSDAY, FEBRUARY 23, 1978.

PENSION BENEFIT GUARANTY CORPORATION

WITNESSES

HENRY ROSE, GENERAL COUNSEL
EMERSON H. BEIER, ACTING DIRECTOR, OFFICE OF PROGRAM

DEVELOPMENT
ROBERT M. BORSCHOW, ACTING DIRECTOR, OFFICE OF FI-

NANCE CHARLES W. SNEARER, DIRECTOR, OFFICE OF MANAGEMENT

SERVICES

Mr. FLOOD. The first thing we have today is the Pension Benefit Guaranty Corporation, with Mr. Henry Rose, General Counsel, making the presentation.

You have some people with you, Mr. Rose.

Mr. ROSE. I would like to introduce them, Mr. Chairman. On my right is Charles Snearer, our Administrative Officer; and on his right is Emerson Beier, Director of Office of Program Development; and on our left is Robert Borschow, Director of our Office of Finance. We have biographical sketches for insertion in the record.

Mr. Flood. You have a prepared statement; how do you want to handle this?

Mr. ROSE. It is a brief statement. If you don't mind, I would like to present it to you.

Mr. FLOOD. Suppose we insert it in the record. We can do that. Mr. ROSE. Fine. [The information referred to follows:]

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