Miscellaneous and General Requirements

Citation85 FR 15742
Record Number2020-05681
Published date19 March 2020
CourtFederal Labor Relations Authority
Federal Register, Volume 85 Issue 54 (Thursday, March 19, 2020)
[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
                [Proposed Rules]
                [Pages 15742-15743]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-05681]
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                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
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                Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 /
                Proposed Rules
                [[Page 15742]]
                FEDERAL LABOR RELATIONS AUTHORITY
                5 CFR Part 2429
                Miscellaneous and General Requirements
                AGENCY: Federal Labor Relations Authority.
                ACTION: Proposed rule with request for comments.
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                SUMMARY: The Federal Labor Relations Authority (FLRA) seeks public
                comments on a proposed addition to its regulations. This proposed
                addition concerns the revocation of a written assignment of amounts
                deducted from the pay of a Federal employee for the payment of regular
                and periodic dues allotted to an exclusive representative.
                DATES: To be considered, comments must be received on or before April
                9, 2020.
                ADDRESSES: You may send comments, which must include the caption
                ``Miscellaneous and General Requirements,'' by one of the following
                methods:
                 Email: [email protected]. Include ``Miscellaneous
                and General Requirements'' in the subject line of the message.
                 Mail or Hand Delivery: Emily Sloop, Chief, Case Intake and
                Publication, Federal Labor Relations Authority, Docket Room, Suite 200,
                1400 K Street NW, Washington, DC 20424-0001.
                 Instructions: Do not mail or hand deliver written comments if they
                have been submitted via email. Interested persons who mail or hand
                deliver written comments must submit an original and 4 copies of each
                written comment, with any enclosures, on 8\1/2\ x 11 inch paper.
                FOR FURTHER INFORMATION CONTACT: Rebecca Osborne, Deputy Solicitor, at
                [email protected] or at: (202) 218-7986.
                SUPPLEMENTARY INFORMATION: The FLRA is seeking to assure employees the
                fullest freedom in the exercise of their rights under the Federal
                Service Labor-Management Relations Statute, including their rights
                under 5 U.S.C. 7102 and 7115, in matters directly affecting their pay.
                Therefore, the FLRA proposes to define when an employee may initiate
                the revocation of a previously authorized assignment of amounts
                deducted from the pay of the employee for the payment of regular and
                periodic dues allotted to an exclusive representative. In particular,
                the FLRA proposes that, after the expiration of the one-year period
                during which an assignment may not be revoked under 5 U.S.C. 7115(a),
                an employee may initiate the revocation of a previously authorized
                assignment at any time that the employee chooses.
                Executive Order 12866
                 The FLRA is an independent regulatory agency, and as such, is not
                subject to the requirements of E.O. 12866.
                Executive Order 13132
                 The FLRA is an independent regulatory agency, and as such, is not
                subject to the requirements of E.O. 13132.
                Regulatory Flexibility Act Certification
                 Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
                U.S.C. 605(b), the Chairman of the FLRA has determined that this rule,
                as amended, will not have a significant impact on a substantial number
                of small entities, because this rule applies only to Federal agencies,
                Federal employees, and labor organizations representing those
                employees.
                Executive Order 13771, Reducing Regulation and Controlling Regulatory
                Costs
                 This proposed rule is not expected to be subject to the
                requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because this
                proposed rule is expected to be related to agency organization,
                management, or personnel.
                Executive Order 13132, Federalism
                 This regulation will not have substantial direct effects on the
                States, on the relationship between the National Government and the
                States, or on distribution of power and responsibilities among the
                various levels of government. Therefore, in accordance with Executive
                Order 13132, this proposed rule does not have sufficient federalism
                implications to warrant preparation of a federalism assessment.
                Executive Order 12988, Civil Justice Reform
                 This regulation meets the applicable standard set forth in section
                3(a) and (b)(2) of Executive Order 12988.
                Unfunded Mandates Reform Act of 1995
                 This rule change will not result in the expenditure by state,
                local, and tribal governments, in the aggregate, or by the private
                sector, of $100,000,000 or more in any one year, and it will not
                significantly or uniquely affect small governments. Therefore, no
                actions were deemed necessary under the provisions of the Unfunded
                Mandates Reform Act of 1995.
                Small Business Regulatory Enforcement Fairness Act of 1996
                 This action is not a major rule as defined by section 804 of the
                Small Business Regulatory Enforcement Fairness Act of 1996. This rule
                will not result in an annual effect on the economy of $100,000,000 or
                more; a major increase in costs or prices; or significant adverse
                effects on competition, employment, investment, productivity,
                innovation, or on the ability of United States-based companies to
                compete with foreign-based companies in domestic and export markets.
                Paperwork Reduction Act of 1995
                 The amended regulations contain no additional information
                collection or record-keeping requirements under the Paperwork Reduction
                Act of 1995, 44 U.S.C. 3501, et seq.
                List of Subjects in 5 CFR Part 2429
                 Administrative practice and procedure, Government employees, Labor
                management relations.
                 Accordingly, for the reasons stated in the preamble, FLRA proposes
                to amend 5 CFR part 2429 as follows:
                PART 2429--[AMENDED]
                0
                1. The authority citation for part 2429 continues to read as follows:
                 Authority: 5 U.S.C. 7134; Sec. 2429.18 also issued under 28
                U.S.C. 2112(a).
                [[Page 15743]]
                0
                2. Add Sec. 2429.19 to subpart A to read as follows:
                Sec. 2429.19 Revocation of assignments.
                 Consistent with the exceptions in 5 U.S.C. 7115(b), after the
                expiration of the one-year period during which an assignment may not be
                revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation
                of a previously authorized assignment at any time that the employee
                chooses.
                Colleen Duffy Kiko,
                Chairman, Federal Labor Relations Authority.
                 Note: The following appendix will not appear in the Code of
                Federal Regulations.
                Member DuBester, Dissenting
                 For reasons expressed in my dissenting opinion in Office of
                Personnel Management (OPM),\1\ I strongly disagree with the decision to
                commence notice-and-comment rulemaking regarding 5 U.S.C. 7115(a). In
                my view, the OPM decision erroneously discards well-reasoned FLRA
                precedent governing revocation of union-dues allotments and, therefore,
                further weakens the institution of collective bargaining in the federal
                sector.
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                 \1\ 71 FLRA 571, 576-579 (2020) (Dissenting Opinion of Member
                DuBester).
                [FR Doc. 2020-05681 Filed 3-18-20; 8:45 am]
                 BILLING CODE 6727-01-P
                

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