Skip to main content

Rail and Air Labor Relations: National Mediation Board Made Progress on GAO Recommendations but Needs to Address Management Issues

GAO-22-105266 Published: Apr 25, 2022. Publicly Released: Apr 25, 2022.
Jump To:

Fast Facts

The National Mediation Board plays a key role in helping railway and airline carriers resolve labor disputes to avoid work stoppages. We review the agency's programs and operations every 2 years.

The agency implemented 7 of our 10 prior recommendations. The remaining recommendations are related to information privacy, information security, and the use of cloud services.

In addition, the agency doesn't systematically follow up on certain concerns reported by its employees and others. We recommended developing a process to help ensure that the agency is taking appropriate and timely actions to address these concerns.

A freight train stopped alongside a platform with shipping containers stacked up on it and an airplane overhead

Skip to Highlights

Highlights

What GAO Found

The National Mediation Board (NMB), which facilitates labor relations for railroads and airlines, has implemented seven of GAO's 10 remaining recommendations related to internal policies and processes (see figure). While NMB has taken some actions to address the remaining three recommendations on information privacy, security, and cloud services, it has not yet fully implemented them. Specifically, NMB has not:

  • fully updated its policies and procedures for information privacy protections;
  • conducted security testing and evaluation of all its major systems; and
  • used only federally approved cloud services, as required.

By not fully implementing these recommendations, NMB is increasingly vulnerable to information security risks to its data and systems.

Fig HL2-5 v04_103359

NMB has no authorized Inspector General (IG) and therefore relies on third-party entities, including GAO, to identify issues and challenges. In addition, the National Labor Relations Board (NLRB) IG manages a hotline for NMB employees to report issues. Under its memorandum of understanding with NMB, the NLRB IG is to inform NMB of issues raised through the hotline; the IG may also communicate other NMB management concerns that come to its attention.

However, NMB lacks a systematic process to track and address all issues that the NLRB IG reports to it. NMB officials said there is currently no such process in place, in part, because it is a small agency with competing interests and priorities. Nevertheless, without a systematic process to track and address issues, NMB cannot ensure corrective actions are implemented in a timely manner.

Why GAO Did This Study

NMB, created by a 1934 amendment to the Railway Labor Act, plays a critical role in helping airline and railway carriers resolve labor disputes to avoid work stoppages. The FAA Modernization and Reform Act of 2012 included a provision for GAO to evaluate NMB programs and activities every 2 years. GAO previously issued four reports between 2013 and 2020 that included a cumulative total of 17 recommendations to NMB. As of its 2020 report, NMB had implemented seven of those recommendations.

This fifth report examines (1) the extent to which NMB has taken actions to fully implement GAO's remaining 10 open recommendations; and (2) NMB's process to identify, track, and address management and oversight challenges. GAO reviewed relevant federal laws and regulations; examined NMB documents, plans, policies, and practices; and interviewed officials from NMB, NLRB IG, and an NMB advisory group.

Recommendations

GAO recommends that NMB implement a systematic process to track and address issues reported to it by the NLRB IG. NMB agreed with this recommendation.

Recommendations for Executive Action

Agency Affected Recommendation Status
National Mediation Board The Chairman of NMB should develop a systematic process to track and address issues reported through the NLRB IG hotline or otherwise communicated to NMB by the NLRB IG. (Recommendation 1)
Closed – Implemented
NMB agreed with this recommendation. In August of 2023, NMB developed a process for tracking all phone calls and emails to the NMB hotline monitored by the NLRB Inspector General. NMB outlined this process in an Office of Legal Affairs memo and developed an associated document that allows it to collect and track information such as the date the call or email was received; the reason for the call or email; whether waste, fraud, or abuse was alleged; actions taken by NMB in response to the call; and, whether the agency considers the issue resolved.

Full Report

GAO Contacts

Office of Public Affairs

Topics

AirlinesCollective bargaining agreementsDispute settlementsLabor relationsInspectors generalManagement issuesRailRailroadsInformation securityCompliance oversight