This report contains FY 2013 accomplishments of the National Mediation Board relating to goals and objectives for Mediation and Alternative Dispute Resolution; Representation; Arbitration; and Administration. These accomplishments enabled the NMB to meet its statutory obligations and provide services to its airline and railroad labor, management and public customers.
Strategic Plan General Goal 1
Mediation and Alternative Dispute Resolution
1 To provide prompt and appropriate intervention and assistance for disputes involving pay, work rules, and working conditions (major disputes).
FY 2014 Accomplishment: NMB standards for mediation services were consistently met from the application process through case management, to the conclusion of cases. Mediators utilize as necessary techniques that range from those supporting conventional bargaining to innovations in facilitated problem solving in complex, multi-party negotiations.
2 Provide appropriate and effective mediator training and continuous development.
FY 2014 Accomplishment: Through the use of Individual Development Plans (IDP) each mediator participated in training and development that met their individual needs. In addition, training covering industry specific topics was conducted during the bi-monthly mediator meetings. The partnership with Dominican University provided valuable and specialized training for mediators as they developed and delivered courses in the areas of negotiation and mediation.
3 Pursue innovation in the delivery of mediation and alternative dispute resolution services.
FY 2014 Accomplishment: Mediators continued to refine ADR strategies and techniques that addressed the unique needs of parties in negotiations, especially in the instances of merging carriers and unions in the airline sector. In the rail sector, grievance mediation, using facilitated problem solving methods, laid the groundwork for successful conclusion of sections of a collective bargaining agreement. In another instance, parties have begun using ADR tools to integrate several regional provisions into common language.
4 Improve efficiency and effectiveness of NMB programs by providing leading online dispute resolution (ODR) technology and techniques to the Mediators and the parties.
FY 2014 Accomplishment: Online video conferencing has become the default method of facilitation for the Hawaiian Airlines/COPFS negotiations, bringing together negotiators in Honolulu, HI and a mediator in Washington, DC. In other instances, mediators make effective use of WebEx technology to remotely share language and discuss proposals. Electronic flip charting was effectively used by the parties to reach tentative agreements in complex cases merging multiple agreements, to track changes in language, and to share information.
Strategic Plan General Goal 2
Representation
1 Prompt investigation of representation disputes and definitive resolution of employees’ representation status for collective bargaining purposes.
FY 2014 Accomplishment: In most cases, OLA responded to representation applications within 2 business days of receipt by the NMB; assigned an investigator within 2 business days of receipt of the application; determined showing of interest within 45 days of docketing an application; and issued a certification or dismissal the next business day after the ballot count.
2 Ensure that internal and external customer service supports and advances the mission of the NMB.
FY 2014 Accomplishment: Requests for assistance or service from internal customers were responded to within one day of the request. External requests for assistance or service were responded to within 2 business days of the receipt of the request.
3 Enhance training and development of OLA staff.
FY 2014 Accomplishment: Each OLA staff member updated their individual development plan IDP. Each year OLA employees meet with their manager to update or develop a plan to enhance career related skills. In Fiscal Year 2014 OLA staff took classes related to the Freedom of Information Act (FOIA), government ethics, Mediation (in partnership with Dominican University), the Railway Labor Act, and conflict resolution.
4 Enhance outreach opportunities in the legal, labor relations and alternative dispute resolution communities to better inform stakeholders about developments and increase the skills and experience of OLA employees.
FY 2014 Accomplishment: Members of the Office of Legal Affairs continue to actively participate as panelists and attendees at conferences sponsored by the American Bar Association, American Law Institute, and the Association of Labor Relations Agencies. This year OLA attorneys gave presentations on the Railway Labor Act; Ethics in Mediation; and use of Social Media and Technology in Alternative Dispute Resolution. OLA continued to participate in intra-governmental initiatives with other federal agencies such as the Department of Labor, National Labor Relations Board, and the Federal Mediation and Conciliation Service. OLA attorneys serve as both Senior Editors and Contributing Editors of the Railway Labor Act treatise published by the Bureau of National Affairs and completed the 2014 pocket part supplement of the third edition of this treatise.
5 OLA staff provides prompt and efficient assistance to Presidential Emergency Boards.
FY 2014 Accomplishment: All OLA staff members are trained on Emergency Board Procedures. OLA maintained continuous industry and agency communication at a level that provided for early preparation for potential Presidential Emergency Boards. OLA attorneys served as counsel to three Presidential Emergency Boards.
6 OLA maintains concise, relevant reference materials that are readily available to the public and which reduce the number of man-hours used to research and respond to inquiries.
FY 2014 Accomplishment: OLA conducted semi-annual reviews of the Representation Manual and web site, updating where appropriate. In FY 2014, OLA reviewed FOIA requests for the last 3 years to determine what documents requested could be posted on the Knowledge Store to decrease the volume of FOIA requests.
7 Expand the use of technology to further streamline and reduce costs in representation and interference investigations.
FY 2014 Accomplishment: OLA continued to investigate use of voice recognition software and other cost and time saving mechanisms in taking employee statements during interference investigations and drafting representation determinations.
Strategic Plan General Goal 3
Arbitration
1 Arbitration will provide outstanding service delivery to internal and external customers.
FY 2014 Accomplishment: An audit was conducted of the administrative caseload processes, and procedures governing public law boards and system boards of adjustments, were reviewed with the goal of streamlining procedures. Procedures at the NRAB were also reviewed. Grievance mediation was introduced to successfully resolve several aged cases at the NRAB.
2 Arbitration will engage in active roster development for the contract arbitrators serving the airline and railroad industries.
FY 2014 Accomplishment: NMB worked with the American Bar Association to increase the pool of minority arbitrators. NMB commenced a training program with Dominican University to train minority arbitrators for railroad arbitration.
3 The Office of Arbitration Services will be a center of innovation in the resolution of “minor” disputes.
FY 2014 Accomplishment: The NMB met with the Arbitration Forum several times during FY 2014. NMB also commenced a review of all grievance mediation cases.
Strategic Plan General Goal 4
Administration
1 Provide outstanding service delivery to internal and external customers.
FY 2014 Accomplishment: The Office of Administration responded to all requests for assistance or service from internal and external customers as soon as received. In addition, new Employee Orientation training was completed for each new employee.
2 Provide timely, efficient and responsible stewardship of the NMB’s fiscal resources.
FY 2014 Accomplishment: The NMB worked with BFS to ensure that the required financial reporting is prepared and submitted timely.
3 Ensure agency spending and budgets are transparent and provide the necessary support for each of the agency’s missions throughout the whole fiscal year.
FY 2014 Accomplishment: The NMB has an agreement with BFS to handle the agency’s financial management system and integrated PRISM (a web based procurement system) into its procurement process. The NMB works with the BFS on a regular basis to ensure that the quarterly apportionment is not exceeded.
4 Improve agency efficiency and public communications through cost effective information and communications technology improvements, including implementing Enterprise Architecture (design, secure and document) the emerging cloud, mobile, and other mechanisms.
FY 2014 Accomplishment: The NMB completed its transition into the cloud environment for e-mail, calendars, contacts, and records. With this change, the NMB eliminated the majority of its in-house servers and made possible a revision and reduction in price of its network support contract.
5 Continue to ensure that NMB Information is secure while maintaining a government-leading information and communication technology system.
FY 2014 Accomplishment: The NMB ensures that all information that contains Private Personnel Information (PPI) is password protected when transmitting electronically.