What happens if the National Mediation Board is unable to help the parties reach an agreement?
The NMB controls the schedule of talks and timing of release from mediation, without any time limits. The goal of the NMB is to assist the parties in reaching agreement without resorting to self-help. If the NMB is unable to help the parties come to an agreement, it will offer binding arbitration, which either side may reject. If arbitration is rejected, a 30-day “cooling off” period must be maintained. During this period or thereafter, the NMB may determine that the dispute threatens interstate commerce. It then will notify the President, who has the option of appointing a Presidential Emergency Board (PEB) to investigate the dispute and recommend solutions. If the President does not recommend a PEB, the parties are free to engage in self-help after the cooling off period expires. In the past, PEBs have almost always been appointed in national disputes that have not been resolved through negotiations or mediation. In some national rail bargaining rounds, such as the last one covering
Related Questions
- WHAT IS MEDIATION? Mediation is a voluntary, confidential process to help disputing parties resolve conflict and reach win/win solutions WHY USE MEDIATION?
- What happens if the National Mediation Board is unable to help the parties reach an agreement?
- What happens if we reach in agreement in mediation?
