NATIONAL LABOR RELATIONS BOARD ORGANIZATION CHART THE BOARD (Five Members) OFFICE OF 2 Exercise by General Counsel of authority and responsibility in certain matters, including that over personnel other than those responsible directly to the Board, and for all administrative functions of the agency, including the Equal Employment Opportunity Program, by delegation from the Board. Division of Administration is also responsible directly to the Board for administrative support services required in the performance of Board functions. 3 Includes exercise by Regional Director of Board authority under Section 9 of the Act, in representation cases, by delegation from the Board. Prepared by: Manangement & Audit Branch Division of Administration, 1/75 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION WEDNESDAY, FEBRUARY 11, 1976. WITNESSES FRANK R. BARNAKO, CHAIRMAN GUY T. MOORE, EXECUTIVE DIRECTOR CHARLES K. CHAPLIN, CHIEF ADMINISTRATIVE LAW JUDGE W. SCOTT RAILTON, CHIEF COUNSEL TO THE CHAIRMAN PAUL R. WALLACE, COUNSEL TO THE COMMISSION LARRY A. HOSS, BUDGET AND FINANCIAL OFFICER Mr. FLOOD. This presentation will be made by Frank Barnako, the Chairman, and we have a biographical sketch. [The biographical sketch of Mr. Barnako follows:] FRANK R. BARNAKO Born: Easton, Pa., August 2, 1912. Education: Easton, Pa., public schools; graduate of Lafayette College, class of 1933, A.B.; University of Michigan Law School, class of 1936, J.D. Professional experience: Practice of law in Easton, Pa., 1937 to 1942; employed by Bethlehem Steel Corp. in 1942 in the Compensation and Safety Division, Industrial and Public Relations Department; appointed assistant manager of the division in January 1947; appointed manager of the division in January 1951 (name of division changed to Safety and Workmen's Compensation Division, Industrial Relations Department-in 1970); retired from Bethlehem Steel Corp., July 31, 1975. Affiliations: Safety. Board of directors, Lehigh Valley (Pennsylvania) Safety Council; board of directors, National Safety Council; National Safety Council, vice president-finance, member-board of directors, finance and executive com mittees. Professional.-American, Pennsylvania, Northampton County Bar Associations and Federal Bar Association. Affiliations: Prior to July 31, 1975 Committee on Safety, American Iron and Steel Institute. Certified safety professional. Mine Safety and Health Committee of American Mining Congress. National Advisory Committee on Occupational Safety and Health (July 1, 1971-June 30, 1975). Board of Managers, Self-Insurers Associations in the States of New York and Pennsylvania. Advisory Committee for Self-Insurance of the State of New York. Chairman, Workmen's Compensation Committee, Pennsylvania State Chamber of Commerce. Health and Safety Committee, National Association of Manufacturers. General Advisory Board: Minsi Trails Boy Scout Council (Allentown, Bethlehem, and Easton, Pa.), past president and vice president for exploring. Board of directors: Greater Bethlehem Savings and Loan Association, resigned, July 31, 1975. Member: Bethlehem Club, Bethlehem, Pa. Member: Saucon Valley Country Club, Bethlehem, Pa. Married to the former Madeline Stoddard. Children: Frank, Jr., age 32, married and living in Great Falls, Va.; Andrea (Mrs. Thomas L. Cain), age 28, living in Macon, Ga. Listed in: "Who's Who in the East." Mr. FLOOD. You have some people with you. Mr. BARNAKO. Larry Hoss, our Budget and Financial Officer. Next to him is Mr. Guy Moore, Executive Director. On my left is Charles Chaplin, our Chief Judge. And in back I have Paul Wallace, who is Counsel to the Commission, and Mr. Scott Railton, Chief Counsel to the Chairman. Mr. FLOOD. If any of these people volunteer and you call them, we would like a short biographical sketch. I see you have a very brief statement. STATEMENT OF THE CHAIRMAN Mr. BARNAKO. I would like it inserted in the record. [The prepared statement of Mr. Barnako follows:] This is my first appearance before this committee and I appreciate the opportunity to present for your consideration the fiscal year 1977 appropriation request in the amount of $6,280,000 for the Occupational Safety and Health Review Commission. This request represents an increase of $642,000 and six positions over the funds thus far approved by the Congress for fiscal year 1976. The detail of the changes in funding requirements are explained in the submission before you. I will confine my remarks to certain significant increases and decreases, and will, of course, answer any questions you may have on any aspects of the appropriation request. I have observed the operation of the Review Commission from two vantage points as a professional and administrator for many years in the field of safety and health in industry, and as its Chairman since August 1975. From both viewpoints there is an obvious need to improve the decisionmaking structure and procedures of the Commission. There is no question that occupational safety and health cases, because they can literally involve life and death issues, must be resolved as quickly and fairly as possible. When Congress decided to establish an autonomous Review Commission, these two goals were equally emphasized. The backlog of Commission cases, those directed for review, at the end of fiscal year 1975, which was shortly before I assumed my duties as Chairman, was 466 cases. During fiscal year 1975, 396 cases were directed for review and only 298 cases were decided. Obviously, if this trend were to continue, the backlog of cases could rise to uncontrollable levels. Furthermore, the average elapsed time from receipt of notice contest to Commission decision was 705 days for the cases decided in fiscal year 1975. During the first 6 months of this fiscal year, it improved by almost 10 percent to 638 days. Ways to significantly improve the time are now under study for fiscal year 1977 and others have been implemented. This appropriation request is premised on: (1) no increase in backlog in Commission cases in fiscal year 1976, and (2) greatly reducing the backlog by the end of fiscal year 1977. The following policies and procedures are now being implemented to achieve these objectives. A majority of the commissioners has agreed that, subject to individual discretion, review on his own initiative should not be considered unless one of the parties petitions for it. This will significantly reduce the number of cases entering the review process if adhered to. One of the first actions I directed as Chairman was to require regular meetings of the three commissioners to decide cases. Under the former system, each Commissioner wrote a proposed decision on cases he had called. Then he would circulate it to the other two who would consider and decide to join in it, concur, revise or react in some other way. There were no established time limits and the case backlog continued to grow. Since August we have met regularly, usually weekly and through January 1976 we have rendered decisions on 303 cases. This is greater than the total number of cases decided in all of fiscal year 1975. We have increased the productivity of the Commission from about 27 decisions a month during the first 7 months of calendar year 1975 to over 50. Our weekly meetings have a strict agenda with cases chosen with particular emphasis on age. The great preponderance of cases awaiting placement on an agenda are now under 1 year old. Once a decision has been reached it is assigned for writing with a 2-week target for completion. If there are concurring or dissenting opinions, we try to get them written within a short period after the lead |