 NMB Seal | |
| Agency overview | |
|---|---|
| Formed | June 21, 1934 [1] |
| Jurisdiction | Federal government of the United States |
| Headquarters | Washington, D.C. |
| Employees | 38 (2021) [2] |
| Annual budget | $14.3 million (2021) [3] |
| Agency executive |
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| Website | www |
The National Mediation Board (NMB) is an independent agency of the United States government that coordinates labor-management relations within the U.S. railroads and airlines industries.
The board was established by the 1934 amendments to the Railway Labor Act of 1926 and is headed by a three-person panel of Presidential appointees.
NMB programs provide an integrated dispute resolution process to meet the statutory objective of minimizing strikes and other work stoppages in the airline and railroad industries. The NMB's integrated processes specifically are designed to promote three statutory goals:
Under the Railway Labor Act, an airline or railroad union contract does not expire; it remains in force and amendable until a new contract is ratified by the union members or either side exercises "self-help," which could be a strike by employees or a lockout by management. Before this can happen, the NMB-appointed mediator must declare an impasse in negotiations, which starts a 30-day cooling off period, during which negotiations continue. Once the 30-day period has passed, either side is free to exercise self-help, unless the President authorizes a Presidential Emergency Board, which issues non-binding recommendations followed by another 30-day cooling off period. The US Congress also has the power to impose a contract, as they did for railroads in 2022.
The Board is composed of 3 members, nominated by the President of the United States, with the advice and consent of the Senate, for a term of three years. By statute 45 U.S.C. § 154, “not more than two [...] shall be of the same political party”. At the end of a term of office a member may continue to serve until a successor is appointed or they are renominated. [4] Hamilton and Puchala were confirmed by voice vote on March 7, 2024 to new terms through 2025 and 2027 respectively. Loren E. Sweatt, of Virginia, was also confirmed to replace Fauth for a term ending July 1, 2026. [5]
| Name | Party | Sworn in | Term expires |
|---|---|---|---|
| Deirdre Hamilton (Chair) | Democratic | January 25, 2022 | July 1, 2025 |
| Linda Puchala | Democratic | May 21, 2009 | July 1, 2027 |
| Loren Sweatt | Republican | April 2, 2024 | July 1, 2026 |
Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties. Due to its voluntary nature, a person cannot be compelled to use mediation to resolve their dispute. However, a suggestion from the Court may be difficult to resist.
The Railway Labor Act is a United States federal law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration, and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board.
The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.
In the United States government, independent agencies are agencies that exist outside the federal executive departments and the Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited.
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
William Julian Usery Jr. was an American labor union activist and government appointee who served as United States secretary of labor in the Ford administration.
The Surface Transportation Board (STB) of the United States is an independent federal agency that serves as an adjudicatory board. The board was created in 1996 following the abolition of the Interstate Commerce Commission (ICC) and absorbed regulatory powers relevant to the railroad industry previously under the ICC's purview.
The Association of Flight Attendants-CWA is a union representing flight attendants in the United States. As of January 2018, AFA represents 50,000 flight attendants at 20 airlines. Since 2004, AFA has been part of the Communications Workers of America (CWA), an affiliate of AFL–CIO. AFA is also an affiliate of the International Transport Workers' Federation.
The Federal Mediation and Conciliation Service (FMCS), founded in 1947, is an independent agency of the United States government, and the nation's largest public agency for dispute resolution and conflict management, providing mediation services and related conflict prevention and resolution services in the private, public, and federal sectors. FMCS is tasked with mediating labor disputes around the country; it provides training and relationship development programs for management and unions as part of its role in promoting labor-management peace and cooperation. The Agency also provides mediation, conflict prevention, and conflict management services outside the labor context for federal agencies and the programs they operate. The FMCS headquarters is located in Washington, D.C., with other offices across the country.
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC's primary mission is the safeguarding of the merit system in federal employment by protecting employees and applicants from prohibited personnel practices (PPPs), especially reprisal for "whistleblowing." The agency also operates a secure channel for federal whistleblower disclosures of violations of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. In addition, OSC issues advice on the Hatch Act and enforces its restrictions on partisan political activity by government employees. Finally, OSC protects the civilian employment and reemployment rights of military service members under USERRA. OSC has around 140 staff, and the Special Counsel is an ex officio member of Council of Inspectors General on Integrity and Efficiency (CIGIE), an association of inspectors general charged with the regulation of good governance within the federal government.
The National Labor Board (NLB) was an independent agency of the United States Government established on August 5, 1933, to handle labor disputes arising under the National Industrial Recovery Act (NIRA).
The Federal Labor Relations Authority (FLRA) is an independent agency of the United States government that governs labor relations between the federal government and its employees.
The Independent Association of Continental Pilots (IACP) was a bargaining agent certified by the National Mediation Board (NMB) on July 12, 1993. The IACP represented the pilots of Continental and Continental Express Airlines and was initially headquartered in Denver, Colorado near Stapleton International Airport.
The Office of Congressional Workplace Rights was created through the Congressional Accountability Act of 1995 (CAA) which applied workplace protection laws to approximately 30,000 employees of the legislative branch nationwide and established the Office of Compliance to administer and ensure the integrity of the Act through its programs of dispute resolution, education, and enforcement. The OCWR educates members of Congress, employing offices and employees, and the visiting public on their rights and responsibilities under workplace and accessibility laws. The OCWR also advises Congress on needed changes and amendments to the CAA; and the OCWR'sGeneral Counsel has independent investigatory and enforcement authority for certain violations of the CAA.
The Newlands Labor Act was a 1913 United States federal law, sponsored by Senator Francis G. Newlands of Nevada and drafted by Bureau of Labor Statistics Commissioner Charles Patrick Neill. It created the Board of Mediation and Conciliation (BMC). The BMC was a precursor to today's National Mediation Board (NMB).
Wilma B. Liebman is an American lawyer and civil servant who is best known for serving as a member of the National Labor Relations Board (NLRB). She was designated chair of the board by President Barack Obama on January 20, 2009, becoming only the second woman to lead the NLRB.
Railway Labor Executives' Association (RLEA) was a federation of rail transport labor unions in the United States and Canada. It was founded in 1926 with the purpose of acting as a legislative lobbying and policy advisory body. At times, it played a prominent role in setting rail transport policy in the U.S., and was party to six U.S. Supreme Court cases. It disbanded in January 1997, with representation, collective bargaining, and legislative lobbying assumed by the newly formed Rail Division of the AFL–CIO Transportation Trades Department.
Linda Puchala is an American government official who has served as a member of the National Mediation Board (NMB) since 2009. Puchala is the former president of the Association of Flight Attendants.
Robert O. Harris was an American labor lawyer who served as Chairman of the National Mediation Board and ombudsman of the International Monetary Fund.
The 2022 United States railroad labor dispute was a labor dispute between freight railroads and workers in the United States. Rail companies and unions had tentatively agreed to a deal in September 2022, but it was rejected by a majority of the unions' rank-and-file members. Congress and President Joe Biden intervened to pass the tentative agreement into law on December 2, averting a strike.
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