It's an official message from our MEC. For those of you that don't know what this means go to
http://www.nmb.gov/mediation/faq-mediation.html
PNCL ALPA has
requested a proffer of arbitration. That doesn't mean we will get it. Time will tell. The official press release should be published Tuesday the 8th.
PROFFER OF ARBITRATION
20. 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.
21. 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 parties in mediation until it has expended all reasonable efforts to reach an agreement.
22. 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.
COOLING OFF PERIODS
23. Q: What happens during the cooling off period? A: Normally the NMB invites the parties to meet during the cooling off period in order to further mediate an agreement. These meetings are often referred to as "public interest mediation" or "super mediation."
24. Q: What if no agreement is reached during the 30-day cooling off period? A: If no agreement is reached by the end of the 30-day cooling off period, the parties are free to exercise "self-help." This means that the Union is free to strike or engage in other activity, and the Carrier is free to impose its last best offer or temporarily cease operations or engage in other self-help activity, unless a PEB is created.
PUBLIC INTEREST MEETINGS
25. Q: What are public interest meetings? A: During the 30 day cooling off period the NMB will call the parties back to the table for further discussions. These meetings are referred to as public interest meetings or super mediation meetings. Generally, these meetings are called at or near the end of the count down period, but they can be called at any time during the 30 day time frame.
PRESIDENTIAL EMERGENCY BOARD (PEB)
26. Q: What is a "Presidential Emergency Board' (PEB)? A: During the 30-day cooling off period, the NMB makes a determination regarding the impact of a strike. Pursuant to Section 160 of the RLA, the NMB "notifies" the President that in its "judgement" the dispute between a carrier and its employees cannot be adjusted and "threaten
substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service." Once the President receives such notification, the President may, "in his discretion, create a board to investigate and report on such dispute. The NMB submits a recommended list of potential neutrals to the President. The PEB usually has 30 days to develop a proposed agreement and present that agreement to the parties for consideration. After the PEB delivers its proposed agreement, there is a further 30-day cooling off period.
27. Q: What happens if either party rejects the PEB's proposed agreement? A: If either party rejects the PEB's proposal, the parties may, after the 30-day cooling off period, engage in self-help.
28. Q: Is there any circumstance in which the parties are constrained from engaging in self-help after rejecting a PEB's proposal? A: Yes. It is possible for the Congress to intervene and legislatively mandate a settlement.