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National Mediation Board Briefing August 25, 2010

National Mediation Board Briefing August 25, 2010. DOT Future of Aviation Advisory Committee Labor and World-class Workforce Subcommittee. Who Are We?. The Railway Labor Act was enacted in 1926. The National Mediation Board was created by amendments to the RLA in 1934.

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National Mediation Board Briefing August 25, 2010

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  1. National Mediation Board Briefing August 25, 2010 DOT Future of Aviation Advisory Committee Labor and World-class Workforce Subcommittee

  2. Who Are We? The Railway Labor Act was enacted in 1926 The National Mediation Board was created by amendments to the RLA in 1934 Airlines were added in 1936

  3. Board Members Harry Hoglander, Chairman Elizabeth Dougherty, Member Linda Puchala, Member NMB Briefing – August 25, 2010

  4. NMB Organization

  5. RLA Purpose • To avoid interruptions to interstate commerce • To promote harmonious labor relations • To allow employees to organize free of Carrier interference • To settle “Major” and “Minor” Disputes

  6. RLA Overview • System-wide Bargaining Units • Contract “Amendable” Dates • Mandatory Mediation prior to Self-Help • Mediators have statutory authority • Rail Arbitration is gov’t paid • 97% contract settlement rate • 90+ active mediation cases

  7. RLA Bargaining Process Applying Online Tools to a Mediation Practice ACR 2009

  8. Mediation Case Inventory • Number of Active Cases: 91 (54 Airline: 37 Railroad) • Number of Cases Settled FY2010: 44 • Number of Strikes FY2010: 1 • Number of PEBs FY2010: 0 • Most Recent Airline PEB: FY2002 (PEB#236 UAL/IAM) • (Rail cases settled: 18) • Number of New Cases YTD FY 2010:

  9. NMB Mediation Related Initiatives • Robust Case Review Process • Promotion of Grievance Mediation to limit bargaining related issues • Promotion of electronic tools to speed bargaining process • Promotion of Interest Based Bargaining • Adoption of Dunlop II Recommendations

  10. Chairman Hoglander Dunlop II Report NMB Briefing – August 25, 2010

  11. Interest Based Bargaining Sample Protocol Agreement • Ground Rules(IBB Process/Agenda) • General Conditions(Attire, expectation of professional table behavior, no PDA’s, $. penalty for infractions) • Information(“Reasonable requests”, confidentiality agreements) • Communications(Separate & Joint) • NMB Training & Facilitation • Meeting Sites & Expenses(Shared) • Statements, Notes & Records(Future use/destruction of electronic record) • Designated Experts • Prospective application of agreements reached • Writing Committee (Designated members/expeditious work) • Ratification Provisions

  12. Bargaining/Technology Overlay Proposals Counters Options Agreement Info Sharing Single Text Editing Brainstorming & Electronic Flip Charting Scheduling

  13. Factors Influencing Length of RLA Bargaining • Motivation to Settle • L/M Relationship • Expectations of the Parties • Bargaining History (“Direct” & Mediation) • Number of Bargaining Issues • Financial Health of Carrier/Industry • Industry Patterns • Internal/External Forces • Ability to Ratify Agreements

  14. Overcoming Mediation Obstacles • Availability of Parties/Mediators • Adequacy of Preparation • Decision-adverse Behaviors • Impact of Social Networking • Union Elections/Management Changes • Merger/Alliance Announcements • Impact of Legislation/Rulemaking • National/Global Events

  15. Questions? Visit our website: www.nmb.gov

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