February 21, 2014
File: USA-18
2014-26
US AIRWAYS NEGOTIATIONS
As mentioned in the February 14, 2014 bulletin, this is the second in a series information bulletins regarding the process of bargaining under the Railway Labor Act (RLA). Mediation Process through the National Mediation Board (NMB)
Q: During the mediation process, what is the role of a mediator?
A: The role of a mediator is to assist the parties with productive dialog on their issues. The Mediator can and will use a variety of techniques to insure this does occur.
Q: Can the NMB Mediator determine where the parties will meet when they are in Mediation?
A: The Courts have held that the NMB has the authority to establish where and when the parties will meet while in Mediation. Normally, however, the meeting site and dates are mutually agreed upon among the parties and the mediator.
Q: Can the NMB determine when and/or how often the parties will meet when they are in Mediation?
A: Again, meetings are normally established by mutual agreement among the parties and the mediator, but during Mediation the NMB does have the authority to dictate when the parties will meet, for how long they will meet, and when meetings will be recessed.
Q: How long does Mediation last?
A: There is no time limit for the mediation process. It can take just a few meetings, or it can take many months, depending upon the complexity of the negotiations and many other factors unique to each contract negotiation. The NMB has the authority to decide when and if to end mediation. Under the RLA, the NMB ceases mediation efforts when it concludes that all reasonable efforts to reach a voluntary agreement through mediation have failed.
Q: What does “status quo” mean?
A: “Status Quo” is used to describe the terms of the contract in place at the beginning of direct negotiations. During direct negotiations, mediated negotiations and any cooling off periods after mediated negotiations, neither party may violate the status quo by making unilateral changes in wages, benefits, or working conditions.
Proffer of Arbitration
Q: What is a “proffer of arbitration”?
A: When the NMB believes that further mediation efforts will not result in an agreement, it issues a proffer of arbitration, which is an offer to the parties to arbitrate any remaining issues.
Q: Why doesn’t the NMB make a proffer of arbitration when one of the parties asks for it?
A: Under the RLA, the NMB is responsible for making its best efforts to help the parties reach an agreement without resorting to self-help. While it will listen to requests from the parties for a release, it is the NMB’s responsibility to keep, the parties in mediation until it has expended all reasonable efforts to reach an agreement.
Q: What happens if either party rejects the proffer of arbitration?
A: If either party rejects the proffer of arbitration, the NMB releases the parties from mediation and they enter a 30-day count down, or cooling off, period.
The next bulletin will address Cooling off Periods, Public Interest Meetings and Presidential Emergency Boards (PEB).