45 U.S.C. § 165 — Evaluation and audit of Mediation Board

submitted 100 years ago by Pub. L. 112-95 to r/title-45-RAILROADS · 433 words · no verdicts yet

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The Comptroller General must evaluate and audit the Mediation Board's programs at least every two years, covering areas like security, staffing, and procurement. Within 180 days of February 14, 2012, the Comptroller General also had to review how the Board certifies employee representatives and recommend fixes. The section defines which congressional committees receive these reports.

(a) Evaluation and audit of Mediation Board. (1) The Comptroller General of the United States must evaluate and audit the Mediation Board's programs, operations, and spending, to help the Board run efficiently and effectively. This must happen at least every two years, and more often if the Comptroller General or the relevant congressional committees decide it's needed. (2) The audit must cover, at minimum: (A) how the Board manages and secures information, including protecting personal data; (B) resource management; (C) workforce development; (D) how the Board plans and manages procurement and contracts; (E) whether the Board follows best practices in key management areas; and (F) how the Board handles challenges in (i) opening investigations when a group or person applies to be certified as representing a class of employees, (ii) certifying employee representatives, and (iii) making sure that process isn't interfered with, influenced, or coerced. (b) Immediate review of certification procedures. Within 180 days of February 14, 2012, the Comptroller General had to review how the Board certifies or decertifies a labor organization as an employee representative, and recommend to the Board and the relevant congressional committees any actions needed to make the process fair and reasonable for everyone. This review had to be done separately from the regular audit in subsection (a), and had to include: (1) an evaluation of the Board's current process, any changes made since the Board was created, and whether those changes match what Congress intended; and (2) a comparison of the Board's process with similar processes at other federal or state labor-relations agencies, including an evaluation of any reasons for differences. (c) Appropriate congressional committee defined. In this section, "appropriate congressional committees" means the House Committee on Transportation and Infrastructure, the Senate Committee on Commerce, Science, and Transportation, and the Senate Committee on Health, Education, Labor, and Pensions.

the actual law source: uscode.house.gov ↗public domain

(a) Evaluation and audit of Mediation Board

(1) In general

In order to promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the Mediation Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Mediation Board. Such an evaluation and audit shall be conducted not less frequently than every 2 years, but may be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.

(2) Responsibility of Comptroller General

In carrying out the evaluation and audit required under paragraph (1), the Comptroller General shall evaluate and audit the programs, operations, and activities of the Mediation Board, including, at a minimum—

(A)

information management and security, including privacy protection of personally identifiable information;

(B)

resource management;

(C)

workforce development;

(D)

procurement and contracting planning, practices, and policies;

(E)

the extent to which the Mediation Board follows leading practices in selected management areas; and

(F)

the processes the Mediation Board follows to address challenges in—

(i)

initial investigations of applications requesting that an organization or individual be certified as the representative of any craft or class of employees;

(ii)

determining and certifying representatives of employees; and

(iii)

ensuring that the process occurs without interference, influence, or coercion.

(b) Immediate review of certification procedures

Not later than 180 days after February 14, 2012, the Comptroller General shall review the processes applied by the Mediation Board to certify or decertify representation of employees by a labor organization and make recommendations to the Board and appropriate congressional committees regarding actions that may be taken by the Board or Congress to ensure that the processes are fair and reasonable for all parties. Such review shall be conducted separately from any evaluation and audit under subsection (a) and shall include, at a minimum—

(1)

an evaluation of the existing processes and changes to such processes that have occurred since the establishment of the Mediation Board and whether those changes are consistent with congressional intent; and

(2)

a description of the extent to which such processes are consistent with similar processes applied to other Federal or State agencies with jurisdiction over labor relations, and an evaluation of any justifications for any discrepancies between the processes of the Mediation Board and such similar Federal or State processes.

In this section, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.

Source credit: (May 20, 1926, ch. 347, § 15, as added Pub. L. 112–95, title X, § 1004, Feb. 14, 2012, 126 Stat. 147.)

history & why it existsrecord from the source credit

1926Enacted · Pub. L. 112-95 · 126 Stat. 147

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-95 on 1926-05-20.

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