Procedures of the Panel; Miscellaneous Requirements
| Published date | 26 March 2024 |
| Record Number | 2024-06370 |
| Citation | 89 FR 20843 |
| Court | Federal Labor Relations Authority |
| Section | Rules and Regulations |
Federal Register, Volume 89 Issue 59 (Tuesday, March 26, 2024)
[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Rules and Regulations]
[Pages 20843-20845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06370]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89 , No. 59 / Tuesday, March 26, 2024 / Rules
and Regulations
[[Page 20843]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Parts 2471 and 2472
Procedures of the Panel; Miscellaneous Requirements
AGENCY: Federal Service Impasses Panel, Federal Labor Relations
Authority.
ACTION: Final rule.
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SUMMARY: This final rule adopts a proposed rule published in the
Federal Register on February 16, 2024, without change. The final rule
updates regulations of the Federal Labor Relations Authority's (FLRA)
Federal Service Impasses Panel (FSIP) to establish revised methods by
which the public may obtain specific forms from the FSIP, and then
file, or formally submit, those forms and other documents during the
course of FSIP proceedings.
DATES: This final rule is effective on April 25, 2024.
FOR FURTHER INFORMATION CONTACT: Kimberly Moseley, Executive Director,
Federal Service Impasses Panel, at [email protected] or at: 771-444-
5765.
SUPPLEMENTARY INFORMATION: On February 16, 2024, in 89 FR 12287, the
FLRA, including the FSIP, noted that it was consolidating its office
space at 1400 K Street NW, Washington, DC, so that all of the offices
that had been on the second floor of that address would be relocated on
the third floor, joining the other FLRA offices already located there.
Additionally, FSIP noted that, as it continued to move towards fully
electronic case files, it wished to strongly encourage parties to file
any permissible documents through the eFiling system, and to implement
a requirement that allows in-person filing of forms or documents in
FSIP matters by permission only, at an appointed time. FSIP also noted
that, to the extent that moving to an ``appointment-only'' in-person
filing system had any effect at all on parties' filing practices, it
would promote eFiling. Further, the change would assist FSIP--which at
the time had a staff of only four employees--in more easily managing
staff-coverage issues, especially if budget constraints or other
considerations prevented FSIP from filling vacancies as they arose.
Given these considerations, the FSIP proposed to amend 5 CFR parts
2471.2, 2471.5, 2472.3, 2472.5, and 2472.6 to update procedures for
obtaining FSIP-specific forms and then filing or formally submitting
those forms and other documents during the course of proceedings before
the FSIP. The proposed amendments would promote eFiling, and conserve
FSIP staff's time and efficiency by allowing staff members to accept
documents after giving advance permission, and at specific appointed
times. This arrangement would allow staff members to avoid remaining on
constant stand-by for lengthy periods of time each week to accept forms
and documents, thus losing the opportunity to perform other critical
tasks.
The FLRA and FSIP invited written comments on the proposed rule,
stating that any such comments must be received by March 18, 2024. The
FLRA and FSIP received no comments, and thus adopt the rule as
originally proposed.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Chairman of the FSIP has determined that the final
rule will not have a significant impact on a substantial number of
small entities, because this final rule applies only to Federal
agencies, Federal employees, and labor organizations representing those
employees.
Executive Order 12866, Regulatory Review
The FLRA is an independent regulatory agency and thus not subject
to the requirements of E.O. 12866 (58 FR 51735, Sept. 30, 1993).
Executive Order 13132, Federalism
The FLRA is an independent regulatory agency and thus not subject
to the requirements of E.O. 13132 (64 FR 43255, Aug. 4, 1999).
Unfunded Mandates Reform Act of 1995
This final rule 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 final
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 final rule contains no additional information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995,
44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Parts 2471 and 2472
Administrative practice and procedure, Government employees, Labor
management relations.
For the reasons stated in the preamble, the FLRA amends 5 CFR parts
2471 and 2472 as follows:
PART 2471--PROCEDURES OF THE PANEL
0
1. The authority citation for part 2471 continues to read as follows:
Authority: 5 U.S.C. 7119, 7134.
0
2. Revise Sec. 2471.2 to read as follows:
Sec. 2471.2 Request form.
A form is available for parties to use in filing either a request
for consideration of an impasse or an approval of a binding arbitration
procedure. Copies are available on the FLRA's website at www.flra.gov
or, with advance permission only, from the
[[Page 20844]]
Office of the Executive Director, Federal Service Impasses Panel, Suite
300, 1400 K Street NW, Washington, DC 20424-0001. Telephone (771) 444-
5762. Use of the form is not required, provided that the request
includes all of the information set forth in Sec. 2471.3.
0
3. Amend Sec. 2471.5 by revising paragraphs (a)(1), (b)(1), and (d) to
read as follows:
Sec. 2471.5 Filing and Service.
(a) * * *
(1) Any party submitting a request for Panel consideration of an
impasse or a request for approval of a binding arbitration procedure
shall file an original and one copy with the Panel, unless the request
is filed electronically as discussed below. A clean copy may be
submitted for the original. Requests may be submitted electronically
through use of the eFiling system on the FLRA's website at
www.flra.gov, or by registered mail, certified mail, regular mail, or
commercial delivery. Requests also may be accepted by the Panel if
transmitted to the facsimile machine of its office, the number of which
is (202) 482-6674. A party submitting a request by facsimile shall also
file an original for the Panel's records, but failure to do so shall
not affect the validity of the filing by facsimile, if otherwise
proper. While requests may also be submitted by in-person delivery to
the FSIP, you must first obtain permission, by calling (771) 444-5762,
and then schedule an appointment at least one business day in advance
of submission. In-person delivery is accepted with permission, and by
appointment only, Monday through Friday (except Federal holidays).
* * * * *
(b) * * *
(1) Any party submitting a response to, or other document in
connection with, a request for Panel consideration of an impasse or a
request for approval of a binding arbitration procedure shall file an
original and one copy with the Panel, with the exception of responses
or documents filed simultaneously with the electronic filing of a
request through use of the FLRA's eFiling system. Responses or
documents may be submitted electronically through use of the eFiling
system on the FLRA's website at www.flra.gov, or by registered mail,
certified mail, regular mail, or commercial delivery. Responses or
documents also may be accepted by the Panel if transmitted to the
facsimile machine of its office, the number of which is (202) 482-6674.
A party submitting a response or document by facsimile shall also file
an original for the Panel's records, but failure to do so shall not
affect the validity of the filing by facsimile, if otherwise proper.
While responses or documents may also be submitted by in-person
delivery to the FSIP, you must first obtain permission, by calling
(771) 444-5762, and then schedule an appointment at least one business
day in advance of submission. In-person delivery is accepted with
permission, and by appointment only, Monday through Friday (except
Federal holidays).
* * * * *
(d) The date of service or date served shall be the day when the
matter served, if properly addressed, is deposited in the U.S. mail,
deposited with a commercial-delivery service that will provide a record
showing the date the document was tendered to the delivery service, or
delivered in person after permission to do so is granted. Where service
is made by electronic or facsimile transmission, the date of service
shall be the date of transmission.
* * * * *
PART 2472--IMPASSES ARISING PURSUANT TO AGENCY DETERMINATIONS NOT
TO ESTABLISH OR TO TERMINATE FLEXIBLE OR COMPRESSED WORK SCHEDULES
0
4. The authority citation for part 2472 continues to read as follows:
Authority: 5 U.S.C. 6131.
0
5. Revise Sec. 2472.3 to read as follows:
Sec. 2472.3 Request for Panel Consideration.
Either party, or the parties jointly, may request the Panel to
resolve an impasse resulting from an agency determination not to
establish or to terminate a flexible or compressed work schedule by
filing a request as hereinafter provided. A form is available for use
by the parties in filing a request with the Panel. Copies are available
on the FLRA's website at www.flra.gov or, with advance permission only,
from the Office of the Executive Director, Federal Service Impasses
Panel, Suite 300, 1400 K Street NW, Washington, DC 20424-0001.
Telephone (771) 444-5762. Fax (202) 482-6674. Use of the form is not
required provided that the request includes all of the information set
forth in Sec. 2472.4.
0
6. Revise Sec. 2472.5 to read as follows:
Sec. 2472.5 Where to file.
Requests to the Panel provided for in this part must either be
filed electronically through use of the FLRA's eFiling system on the
FLRA's website at www.flra.gov, or be addressed to the Executive
Director, Federal Service Impasses Panel, Suite 300, 1400 K Street NW,
Washington, DC 20424-0001. All inquiries or correspondence on the
status of impasses or other related matters must be submitted by
regular mail to the street address above, by using the telephone number
(771) 444-5762, or by using the facsimile number (202) 482-6674.
0
7. Amend Sec. 2472.6 by revising paragraphs (a)(1), (b)(1), and (d) to
read as follows:
Sec. 2472.6 Filing and service.
(a) * * *
(1) Any party submitting a request for Panel consideration of an
impasse filed pursuant to Sec. 2472.3 of these rules shall file an
original and one copy with the Panel unless the request is filed
electronically as discussed below. A clean copy may be submitted for
the original. Requests may be submitted electronically through use of
the eFiling system on the FLRA's website at www.flra.gov, or by
registered mail, certified mail, regular mail, or commercial delivery.
Requests also may be accepted by the Panel if transmitted to the
facsimile machine of its office, the number of which is (202) 482-6674.
A party submitting a request by facsimile shall also file an original
for the Panel's records, but failure to do so shall not affect the
validity of the filing by facsimile, if otherwise proper. While
requests may also be submitted by in-person delivery to the FSIP, you
must first obtain permission, by calling (771) 444-5762, and then
schedule an appointment at least one business day in advance of
submission. In-person delivery is accepted with permission, and by
appointment only, Monday through Friday (except Federal holidays).
* * * * *
(b) * * *
(1) Any party submitting a response to, or other document in
connection with, a request for Panel consideration of an impasse filed
pursuant to Sec. 2472.3 shall file an original and one copy with the
Panel, with the exception of responses or documents that are filed
simultaneously with the electronic filing of a request for Panel
consideration. A clean copy may be submitted for the original.
Responses or documents may be submitted electronically through use of
the eFiling system on the FLRA's website at www.flra.gov, or by
registered mail, certified mail, regular mail, or commercial delivery.
Responses or documents also may be accepted by the Panel if transmitted
to the facsimile
[[Page 20845]]
machine of its office, the number of which is (202) 482-6674. A party
submitting a response or document by facsimile shall also file an
original for the Panel's records, but failure to do so shall not affect
the validity of the filing by facsimile, if otherwise proper. While
responses or documents may also be submitted by in-person delivery to
the FSIP, you must first obtain permission, by calling (771) 444-5762,
and then schedule an appointment at least one business day in advance
of submission. In-person delivery is accepted with permission, and by
appointment only, Monday through Friday (except Federal holidays).
* * * * *
(d) The date of service or date served shall be the day when the
matter served, if properly addressed, is deposited in the U.S. mail,
deposited with a commercial-delivery service that will provide a record
showing the date the document was tendered to the delivery service, or
delivered in person after permission to do so is granted. Where service
is made by electronic or facsimile transmission, the date of service
shall be the date of transmission.
* * * * *
Approved: March 20, 2024.
Thomas Tso,
Solicitor, Federal Register Liaison.
[FR Doc. 2024-06370 Filed 3-25-24; 8:45 am]
BILLING CODE 7627-01-P
