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National Mediation Board: Agency Should Take Steps to Regularly Update Its Plans and Policies and Ensure Staff Receive Necessary Training

GAO-24-106828 Published: Apr 26, 2024. Publicly Released: Apr 26, 2024.
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Fast Facts

The National Mediation Board, a federal agency, helps railroads and airlines resolve labor disputes to avoid work stoppages and prevent disruptions to interstate commerce.

We found that this agency has had challenges keeping important plans and policies current. For example, despite vacancies in nearly a third of its positions and almost half its staff eligible for retirement within 5 years, the agency had no process for regularly updating its workforce plan. The agency's training policy and several personnel policies were also out of date.

Our recommendations address these and other issues we found.

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Highlights

What GAO Found

The National Mediation Board (NMB), which facilitates labor relations for railroads and airlines, has implemented two of GAO's four remaining recommendations from past reports. Specifically, NMB has updated its privacy policy and developed a process to track issues raised by the National Labor Relations Board (NLRB) Inspector General's (IG) office, which operates a hotline on NMB's behalf. However, NMB has not yet fully implemented the other two recommendations. NMB has not updated its continuity of operations plan, a key component of an information security program. The agency also continues to use two cloud services that are not federally approved. By not fully implementing these recommendations, NMB is increasingly vulnerable to information security risks to its data and systems.

Status of GAO Recommendations to the National Mediation Board

In addition, NMB faces challenges related to its workforce planning, training, and personnel policies.

  • NMB has no procedures for regularly reviewing and updating its workforce and succession plan. NMB has had difficulty filling its many vacant positions, and more than half of NMB's current staff are eligible for retirement within the next 5 years. NMB has initiated efforts to update the plan, but without procedures for keeping it up to date, NMB will not be positioned to effectively manage its workforce needs.
  • NMB lacks procedures for regularly updating its training policy. Moreover, some officials have been assigned essential duties outside of their primary expertise but received little training related to these roles. Without procedures to keep NMB's training policy up to date, and sufficient training for officials with essential additional roles, NMB cannot ensure all officials have the knowledge and skills required to meet the agency's mission.
  • NMB also lacks procedures for ensuring its personnel policies are complete and updated. Without such procedures, NMB risks operating without needed policies or being out of compliance with federal regulations.

Why GAO Did This Study

NMB was created by a 1934 amendment to the Railway Labor Act. It plays a critical role in helping airline and railway carriers resolve labor disputes to avoid work stoppages and prevent disruptions to interstate commerce.

The FAA Modernization and Reform Act of 2012 includes a provision for GAO to evaluate NMB programs and activities every 2 years. Between 2013 and 2022, GAO issued five reports that included a total of 18 recommendations. As of the start of this review in May 2023, NMB had implemented 14 of those recommendations.

This sixth report examines (1) the extent to which NMB has taken actions to implement the four remaining recommendations from GAO's prior reports; and (2) any other challenges NMB faces in key management areas and in overseeing its operations.

GAO reviewed relevant federal laws and regulations and examined NMB documents, plans, policies, and practices. GAO also interviewed officials from NMB, an NMB advisory group, the NLRB IG, and NMB's independent financial auditor.

Recommendations

GAO is making four recommendations to NMB to establish procedures to (1) regularly update its workforce and succession plan, (2) regularly update its training policy, (3) ensure staff with additional roles receive necessary training, and (4) ensure its personnel policies are complete and up to date. NMB agreed with GAO's recommendations.

Recommendations for Executive Action

Agency Affected Recommendation Status
National Mediation Board The NMB Board should establish procedures for regularly updating its workforce and succession plan. These procedures should help ensure that NMB's workforce and succession plan is long-term in focus and includes a workforce analysis that identifies skills gaps, an action plan with strategies to close gaps, plans to implement those strategies, and measures to assess progress as described in OPM's Workforce Planning Guide. (Recommendation 1)
Open
NMB agreed with this recommendation. The agency stated that it is aware of its staffing needs, has been working to fill vacant positions, and has hired a Human Resource specialist. GAO acknowledges that having an up-to-date workforce and succession plan would not solve all of NMB's workforce challenges. However, developing and maintaining such a plan will help NMB to better understand and proactively address its workforce needs as they continue to evolve. We will monitor NMB's progress to address this recommendation.
National Mediation Board The NMB Board should establish procedures for regularly updating its agency-wide training policy. (Recommendation 2)
Open
NMB agreed with this recommendation. We will monitor the agency's progress in implementing this recommendation.
National Mediation Board The NMB Board should provide officials who are assigned essential additional roles with sufficient training and information, including position descriptions, necessary to understand and carry out the full scope of their responsibilities. (Recommendation 3)
Open
NMB agreed with this recommendation. We will monitor the agency's progress in implementing this recommendation.
National Mediation Board The NMB Board should develop procedures to ensure it has all necessary personnel policies in place and that they are regularly reviewed and updated to meet the needs of the agency and comply with federal requirements. (Recommendation 4)
Open
NMB agreed with this recommendation. We will monitor the agency's progress in implementing this recommendation.

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Topics

Dispute settlementsHuman capital managementInformation securityLabor forceLabor relationsManagement challengesPersonnel managementWorkforce planningPrivacyCompliance oversight