National Mediation Board

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National Mediation Board

The National Mediation Board is a three-person board created in 1934 by an act amending the Railway Labor Act (45 U.S.C.A. §§ 151–158, 160–162, 1181–1188) to resolve disputes in the railroad and airline industries that could disrupt travel or imperil the economy. The board also handles railroad and airline employee representation disputes and provides administrative and financial support in adjusting minor grievances in the railroad industry. At the time the board was created, railroads were the dominant carriers of passengers and commercial goods. Railroad strikes were common, which disrupted travel and the national economy. In addition, friction between railroad companies and the railroad labor unions made negotiation of employment issues difficult.

The National Mediation Board was created to address these issues, first for railroads and later for commercial airlines. The board's major responsibility is the mediation of disputes over wages, hours, and working conditions that arise between rail and air carriers and organizations representing their employees. The board also investigates representation disputes and certifies employee organizations as representatives of crafts or classes of carrier employees.

The board may become involved in mediation when the parties fail to reach accord in direct bargaining. Either party may request the board's services, or the board may become involved on its own. Once the board has entered the process, negotiations continue until the board determines that its efforts to mediate have been unsuccessful, at which time it seeks to induce the parties to submit the dispute to Arbitration. If either party refuses arbitration, the board issues a notice stating that the parties have failed to resolve the dispute through mediation. The notice triggers a thirty-day cooling-off period, after which either side may avail itself of Self-Help, which may include an employee strike.

The board must notify the president when the parties have failed to reach agreement through the board's mediation efforts and when the labor dispute, in the judgment of the board, threatens substantially to interrupt interstate commerce to a degree that would deprive any section of the country of essential transportation service. In these cases the president has the discretion to appoint an emergency board to investigate and report on the dispute. In these situations self-help is barred for sixty days after the appointment of the emergency board.

If a carrier's employees cannot agree on who will represent them, the board must investigate the dispute and determine by a secret ballot election or other appropriate means to whom a representation certificate should be issued. In the course of this process, the board must determine the craft or class in which the employees seeking representation properly belong.

Disputes in the railroad industry concerning rates of pay, rules, or working conditions are referred to the National Railroad Adjustment Board. This board has four divisions, each one consisting of an equal number of representatives of the carriers and of national organizations of employees. In deadlocked cases the National Mediation Board is authorized to appoint a referee to sit with the members of the division for the purpose of making an award.

No national adjustment board has been established in the airline industry. Air carriers and employees have established bargaining relationships that create a grievance procedure with a board to resolve the conflicts. The National Mediation Board is frequently called on to name a neutral referee to serve on these kinds of boards when the parties cannot agree on such an appointment themselves.

The board consists of a chair and two other members. Its headquarters are in Washington, D.C.

Further readings

Knibb, Shaunta M. 1997. "The Jurisdictional Shadowland between the NLRB and the National Mediation Board: Who's in Charge?" Washington Law Review 72 (January).

National Mediation Board Website. Available online at <www.nmb.gov> (accessed January 20, 2004).

Newman, Todd A. 2000. "A Suggested Approach to Applying the National Mediation Board's Railroad Merger Procedures." Labor Lawyer 15 (winter-spring).

U.S. Government Manual Website. Available online at <www.gpoaccess.gov/gmanual> (accessed November 10, 2003).

Cross-references

Labor Law.

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If either party rejects the proffer, a 30-day cooling off period would begin.
AFA on Monday requested that the National Mediation Board (NMB) declare that negotiations are at an impasse and offer a proffer of arbitration, which could lead to a 30-day cooling off period and strike deadline.
Additionally, should a strike or a lock-out occur at the end of the 30-day cooling off period, Teamsters Locals 1224 and 747 have vowed a refusal to fly struck work.
Cover would begin as soon as payment had been accepted and customers would have a 30-day cooling off period.
14, the end of a 30-day cooling off period and the start of the busy Presidents Day holiday weekend.
If one or both parties reject the offer of arbitration, a 30-day cooling off period is instituted.
Under the Railway Labor Act, this moves the negotiations into a 30-day cooling off period.
Arbitration may be offered, but if declined by the parties, a 30-day cooling off period is announced after which the Flight Attendants may strike.
Teamsters said if the request is granted by the NMB and either party declines binding arbitration, a 30-day cooling off period will begin, at the end of which the union will be released to conduct a strike at Omni Air International.
If no agreement is reached within the 30-day cooling off period, the parties are released to exercise self help.
On August 16, the NMB released the parties into the 30-day cooling off period mandated by the Railway Labor Act before either party can implement economic self-help.
If no agreement is reached on those dates, the NMB has stated that it will consider releasing the parties from mediation into a 30-day cooling off period.