Notice of Proposed Information Collection Request
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Issuing agencies
Abstract
The National Mediation Board (NMB) invites comments on the proposed information collection request as required by the Paperwork Reduction Act of 1995. The NMB is seeking the reinstatement, with non- substantive change, of a previously approved collection of information, entitled "Application for Investigation of Representation Dispute." The change to the information collection is a non-substantive one related to the change in the agency's Washington, DC headquarters address, which was effective August 1, 2026. This notice allows for 60 days for public comments.
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<title>Federal Register, Volume 91 Issue 178 (Wednesday, September 16, 2026)</title>
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[Federal Register Volume 91, Number 178 (Wednesday, September 16, 2026)]
[Notices]
[Pages 58712-58714]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18936]
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NATIONAL MEDIATION BOARD
Notice of Proposed Information Collection Request
AGENCY: National Mediation Board.
ACTION: Notice.
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SUMMARY: The National Mediation Board (NMB) invites comments on the
proposed information collection request as required by the Paperwork
Reduction Act of 1995. The NMB is seeking the reinstatement, with non-
substantive change, of a previously approved collection of information,
entitled ``Application for Investigation of Representation Dispute.''
The change to the information collection is a non-substantive one
related to the change in the agency's Washington, DC headquarters
address, which was effective August 1, 2026. This notice allows for 60
days for public comments.
DATES: Comments are due by November 16, 2026.
ADDRESSES: Requests for copies of the proposed information collection
request
[[Page 58713]]
should be directed by email (the preferred method) to NMB Program
Management Specialist Keaira Butler at <a href="/cdn-cgi/l/email-protection#3a515f5b53485b14584f4e565f487a545758145d554c"><span class="__cf_email__" data-cfemail="28434d49415a49064a5d5c444d5a6846454a064f475e">[email protected]</span></a>, or mailed
to Keaira Butler at National Mediation Board, Office of Legal Affairs,
P.O. Box 23300, Washington, DC 20026. Please specify the complete title
of the information collection when making your request.
Comments on the proposed information collection request should be
directed by email (the preferred method) to NMB Counsel John Gross at
<a href="/cdn-cgi/l/email-protection#deb9acb1adad9eb0b3bcf0b9b1a8"><span class="__cf_email__" data-cfemail="6c0b1e031f1f2c02010e420b031a">[email protected]</span></a>, or by mail to John Gross at National Mediation Board,
Office of Legal Affairs, P.O. Box 23300, Washington, DC 20026.
FOR FURTHER INFORMATION CONTACT: John Gross, Counsel, National
Mediation Board, Office of Legal Affairs, P.O. Box 23300, Washington,
DC 20026; telephone number: 202-815-1647; email address: <a href="/cdn-cgi/l/email-protection#92f5e0fde1e1d2fcfff0bcf5fde4"><span class="__cf_email__" data-cfemail="4522372a3636052b28276b222a33">[email protected]</span></a>.
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 NMB 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 proposed
reinstatement, with non-substantive change, of a previously approved
collection of information, entitled ``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.
Title of Collection: Application for Investigation of
Representation Dispute.
OMB Control Number: 3140-0001.
Type of Review: Reinstatement, with non-substantive change, of a
previously approved collection of information.
Affected Public: Carrier and Union Officials, and employees of
railroads and airlines.
Frequency of Collection: On occasion.
Respondent's Obligation: Voluntary.
Estimated Reporting and Recordkeeping Hour Burden:
Responses: 25 annually.
Burden Hours: 6.25.
1. Abstract: When a dispute arises among a carrier's employees as
to who will be their bargaining representative, the NMB is required by
Section 2, Ninth of the Railway Labor Act (RLA), 45 U.S.C. 152, 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 RLA 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
CFR 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 <a href="http://www.nmb.gov">http://www.nmb.gov</a>. 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 RLA.
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. 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 5 CFR 1320.6 and 5 CFR
1320.8(b)(3). 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 6.25 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: 25.
Estimated time per respondent: 15 minutes.
Total Burden hours per year: 6.25. (25 x .25 hours)
11. The total collection and mail cost burden on respondents is
estimated at $222.00 annually ($201.50 time cost burden + $20.50 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 58714]]
The total time burden annual cost is $201.50.
Time Burden Basis: The total hourly burden per year, upon
respondents, is 6.25.
Staff cost = $201.50.
$32.24 per hour--based on mid level clerical salary
$32.24 x 6.25 hours per year = $201.50
We are estimating that a mid-level clerical person, with an average
salary of $32.24 per hour, will be completing the Application for
Investigation of Representation Dispute form. The total burden is
estimated at 6.25 hours, therefore, the total time burden cost is
estimated at $201.50 per year.
The total annual mailing cost to respondents is $20.50.
Number of applications mailed by
Respondents per year: 25.
Total estimated cost: $20.50 (25 x $.82 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 application form is available from the NMB's Office of Legal
Affairs and is also available on the internet at <a href="http://www.nmb.gov">http://www.nmb.gov</a>,
which is the primary source of the form.
12. The total annualized Federal cost is $340.00. This cost
represents the processing cost of the applications once they are
received by the NMB. There are no printing or mailing costs. (The NMB
has not received any requests to print and mail a form for a number of
years.) The completed applications are maintained by the Office of
Legal Affairs.
a. Processing Cost = $340.00.
Basis (processing cost): Representation is requested approximately
25 times per year and it takes approximately 20 minutes to process each
application.
Staff Cost = $340.00
$.68 per minute (GS 11 Step 1 base hourly rate of $40.94 per hr. / 60)
$.68 x 20 minutes per mailing = $13.60
$13.60 x 25 times per year = $340.00
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)--not applicable, the form is not part of a statistical
survey.
Dated: September 11, 2026.
Michael Jerger,
Chief Financial Officer, Acting Director of Administration, National
Mediation Board.
[FR Doc. 2026-18936 Filed 9-15-26; 8:45 am]
BILLING CODE 7550-01-P
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