Unfair Labor Practice Proceedings and Miscellaneous and General Requirements, 9189-9190 [2015-03315]

Download as PDF 9189 Rules and Regulations Federal Register Vol. 80, No. 34 Friday, February 20, 2015 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2429 Unfair Labor Practice Proceedings and Miscellaneous and General Requirements Federal Labor Relations Authority. ACTION: Final rule. AGENCY: The Federal Labor Relations Authority (FLRA) is engaged in an initiative to make electronic filing or ‘‘eFiling’’ available to parties in all cases before the FLRA. Making eFiling available is another way in which the FLRA is using technology to improve the customer-service experience. These eFiling enhancements are expected to increase efficiency by reducing procedural filing errors and processing delays. DATES: Effective March 23, 2015. ADDRESSES: Written comments about this final rule can be emailed to engagetheFLRA@flra.gov or sent to the Case Intake and Publication Office, Federal Labor Relations Authority, 1400 K Street NW., Washington, DC 20424. All written comments will be available for public inspection during normal business hours at the Case Intake and Publication Office. FOR FURTHER INFORMATION CONTACT: Gina Grippando, Counsel for Regulatory and Public Affairs, Federal Labor Relations Authority, Washington, DC 20424, (202) 218–7776. SUPPLEMENTARY INFORMATION: In the first stage of its eFiling initiative, the FLRA enabled parties to use eFiling to file requests for Federal Service Impasses Panel assistance in the resolution of negotiation impasses. See 77 FR 5987 (Feb. 7, 2012). The second stage of the FLRA’s eFiling initiative provided parties with an option to use eFiling to electronically file 11 types of documents Rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:44 Feb 19, 2015 Jkt 235001 in cases filed with the FLRA’s threemember adjudicatory body, the Authority. Parties may now file such documents. See 77 FR 26430 (May 4, 2012). The third stage of the FLRA’s eFiling initiative provided parties with the option to use eFiling to electronically file certain documents involved in representation and unfair labor practice proceedings. See 77 FR 37751 (June 25, 2012). The fourth stage of the FLRA’s eFiling initiative is the subject of this Final Rule. In this stage, parties will be able to use the FLRA’s eFiling system to file certain documents involved in unfair labor practice proceedings before the FLRA’s Office of Administrative Law Judges. This rule modifies the FLRA’s existing regulations to allow eFiling of those documents. As the FLRA’s eFiling procedures develop, the revisions set forth in this action may be evaluated and revised further. Executive Order 12866 Sectional Analysis Unfunded Mandates Reform Act of 1995 Sectional analysis of the amendments and revisions to part 2429, Miscellaneous and General Requirements, are as follows: Part 2429—Miscellaneous and General Requirements Section 2429.24(d) This section is amended to reflect the addition of eFiling as an authorized means of filing documents with the Office of Administrative Law Judges pursuant to paragraph (f)(15) of this section and corrects the person with whom such documents must be filed by replacing appropriate administrative law judge with Chief Administrative Law Judge. Section 2429.24(f)(15) This section is added to reflect that documents filed with the Office of Administrative Law Judges are now documents that can be filed using eFiling as an alternative to the filing methods discussed in paragraph (e) of this section. As described above, this amendment updates the regulations to merely expand the Federal Labor Relations Authority’s current electronic filing system. This rule pertains to agency organization, procedure, or practice, and it is exempt from prior notice and public comment pursuant to 5 U.S.C. 553(b)(A). PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. 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 foreignbased 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. E:\FR\FM\20FER1.SGM 20FER1 9190 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations Dated: February 12, 2015. Carol Waller Pope, Chairman. proposals to relocate retail services or add a new retail service facility. The final rule also will require the Postal Service to provide information about the anticipated new location for relocated services or for a new retail service facility when the Postal Service first gives notice of the proposal. DATES: Effective date: March 23, 2015. FOR FURTHER INFORMATION CONTACT: Richard Hancock, Real Estate Specialist, U.S. Postal Service®, at Richard.A.Hancock2@usps.gov or 919– 420–5284. SUPPLEMENTARY INFORMATION: On October 27, 2014, the Postal Service published a proposed rule (79 FR 63880) to revise the Postal Service’s procedures concerning the expansion, relocation, and construction of Post Offices to clarify those procedures, and to require the Postal Service to provide more information to communities and elected officials about certain types of projects earlier in the planning phase. The proposed rule would require the Postal Service to notify communities and officials, and solicit and consider their input, regarding proposals to relocate retail services or add a new retail service facility. As a significant change from the current rule, the proposed rule would require the Postal Service to provide information about the anticipated new location for relocated services or for a new retail service facility when the Postal Service first gives notice of the proposal. The Postal Service established a 30-day comment period and invited comments on the proposed rule. The Postal Service received five responses. [FR Doc. 2015–03315 Filed 2–19–15; 8:45 am] Comments and Response BILLING CODE 6727–01–P Below is a summary of the comments, in order of the specific sections of the proposed rule to which they relate. List of Subjects in 5 CFR Part 2429 Administrative practice and procedure, Government employees, Labor management relations. For the reasons stated in the preamble, the FLRA amends 5 CFR part 2429, as follows: PART 2429—[AMENDED] 1. The authority citation for part 2429 continues to read as follows: ■ Authority: 5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a). 2. Section 2429.24 is amended by revising paragraph (d) and adding paragraph (f)(15) to read as follows: ■ § 2429.24 Place and method of filing; acknowledgement. * * * * * (d) Unless electronically filed pursuant to paragraph (f)(15) of this section, a document filed with the Office of Administrative Law Judges pursuant to this subchapter shall be submitted to the address for the Chief Administrative Law Judge, as set forth in the appendix. (f) * * * (15) Documents submitted to the Office of Administrative Law Judges under 5 CFR part 2423, including answers to complaints, motions, briefs, pre-hearing disclosures, stipulations, and any other documents as permitted by the eFiling system for the Office of Administrative Law Judges. * * * * * POSTAL SERVICE General Comments; 241.4(a) 39 CFR Part 241 Relocating Retail Services; Adding New Retail Service Facilities Postal ServiceTM. Final rule. AGENCY: ACTION: This final rule revises the Postal Service’s current procedures concerning the expansion, relocation, and construction of Post OfficesTM to clarify these procedures, and to require the Postal Service to provide more information to communities and elected officials about certain types of projects earlier in the planning phase. Under the final rule, the Postal Service will notify communities and officials, and solicit and consider their input, regarding Rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:44 Feb 19, 2015 Jkt 235001 One respondent asserted that there is no substantive reason for changing the current rule and that the Postal Service should retain the current rule. The respondent suggested that defining ‘‘customer service facility’’ is unnecessary. We disagree with the comment. The Postal Service Office of Inspector General (OIG) specifically recommended that the Postal Service revise its regulations to enhance transparency and public input. Based on past experience, we agreed with the OIG’s recommendation. The current rule does not define ‘‘customer service facility’’ and as the Postal Service evolves to adapt to a fast changing marketplace, providing definitions in PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 the new rule will clarify when the new rule applies. Another respondent commented that the new rule should define ‘‘relocation’’ and the definition should state a maximum permitted distance for relocating retail services. We expect readers of the new rule will understand ‘‘relocation’’ to have its ordinary dictionary meaning. We also disagree that the new rule should include an arbitrary distance limitation because such a limitation could prevent appropriately accounting for important factors, such as the setting (urban, suburban, or rural), site conditions (public transit availability, location on a one-way street, etc.) and the proximity of other Postal Service retail locations. Temporary, Emergency, and Provisional Relocations; 241.4(a)(2) One respondent suggested that some causes of relocation added to the ‘‘emergency’’ category in the proposed rule are inconsistent with a definition of ‘‘emergency’’ as a sudden event requiring immediate action. The respondent also expressed concern that expanding the ‘‘emergency’’ category increases the universe of relocations that can occur without community input because the new rule, as proposed, provided for the Postal Service to determine when it is prudent to obtain community input on the longterm location after an emergency relocation. The respondent questioned adding examples of relocations arising from safety concerns without limiting those concerns to some specified level of seriousness, and the respondent urged retaining a 180-day limit for both temporary and emergency relocations. We appreciate the concerns raised in these comments. The current rule lists ‘‘lease termination’’ as an example of an event that may require an emergency relocation, but the current rule is silent on lease expirations. Nor does the current rule recognize that some lessors reserve a right during the lease term to require the Postal Service to move to a different location, e.g., a substitute space in the lessor’s project. However, the Postal Service believes it is prudent to provide in the final rule for soliciting and considering community input regarding relocations arising from such events. While these events may not be completely unexpected like other events listed as ‘‘emergencies’’, their timing is not always predictable. The Postal Service may not know when a lessor will exercise its right to terminate a lease or its right to require the Postal Service to move to different premises. Similarly, a lease may expire unexpectedly when the Postal Service E:\FR\FM\20FER1.SGM 20FER1

Agencies

Federal Labor Relations Authority

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9189-9190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03315]



========================================================================
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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / 
Rules and Regulations

[[Page 9189]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2429


Unfair Labor Practice Proceedings and Miscellaneous and General 
Requirements

AGENCY: Federal Labor Relations Authority.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Labor Relations Authority (FLRA) is engaged in an 
initiative to make electronic filing or ``eFiling'' available to 
parties in all cases before the FLRA. Making eFiling available is 
another way in which the FLRA is using technology to improve the 
customer-service experience. These eFiling enhancements are expected to 
increase efficiency by reducing procedural filing errors and processing 
delays.

DATES: Effective March 23, 2015.

ADDRESSES: Written comments about this final rule can be emailed to 
engagetheFLRA@flra.gov or sent to the Case Intake and Publication 
Office, Federal Labor Relations Authority, 1400 K Street NW., 
Washington, DC 20424. All written comments will be available for public 
inspection during normal business hours at the Case Intake and 
Publication Office.

FOR FURTHER INFORMATION CONTACT: Gina Grippando, Counsel for Regulatory 
and Public Affairs, Federal Labor Relations Authority, Washington, DC 
20424, (202) 218-7776.

SUPPLEMENTARY INFORMATION: In the first stage of its eFiling 
initiative, the FLRA enabled parties to use eFiling to file requests 
for Federal Service Impasses Panel assistance in the resolution of 
negotiation impasses. See 77 FR 5987 (Feb. 7, 2012). The second stage 
of the FLRA's eFiling initiative provided parties with an option to use 
eFiling to electronically file 11 types of documents in cases filed 
with the FLRA's three-member adjudicatory body, the Authority. Parties 
may now file such documents. See 77 FR 26430 (May 4, 2012). The third 
stage of the FLRA's eFiling initiative provided parties with the option 
to use eFiling to electronically file certain documents involved in 
representation and unfair labor practice proceedings. See 77 FR 37751 
(June 25, 2012).
    The fourth stage of the FLRA's eFiling initiative is the subject of 
this Final Rule. In this stage, parties will be able to use the FLRA's 
eFiling system to file certain documents involved in unfair labor 
practice proceedings before the FLRA's Office of Administrative Law 
Judges. This rule modifies the FLRA's existing regulations to allow 
eFiling of those documents. As the FLRA's eFiling procedures develop, 
the revisions set forth in this action may be evaluated and revised 
further.

Sectional Analysis

    Sectional analysis of the amendments and revisions to part 2429, 
Miscellaneous and General Requirements, are as follows:

Part 2429--Miscellaneous and General Requirements

Section 2429.24(d)

    This section is amended to reflect the addition of eFiling as an 
authorized means of filing documents with the Office of Administrative 
Law Judges pursuant to paragraph (f)(15) of this section and corrects 
the person with whom such documents must be filed by replacing 
appropriate administrative law judge with Chief Administrative Law 
Judge.

Section 2429.24(f)(15)

    This section is added to reflect that documents filed with the 
Office of Administrative Law Judges are now documents that can be filed 
using eFiling as an alternative to the filing methods discussed in 
paragraph (e) of this section.
    As described above, this amendment updates the regulations to 
merely expand the Federal Labor Relations Authority's current 
electronic filing system. This rule pertains to agency organization, 
procedure, or practice, and it is exempt from prior notice and public 
comment pursuant to 5 U.S.C. 553(b)(A).

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.

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.

[[Page 9190]]

List of Subjects in 5 CFR Part 2429

    Administrative practice and procedure, Government employees, Labor 
management relations.

    For the reasons stated in the preamble, the FLRA amends 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).

0
2. Section 2429.24 is amended by revising paragraph (d) and adding 
paragraph (f)(15) to read as follows:


Sec.  2429.24  Place and method of filing; acknowledgement.

* * * * *
    (d) Unless electronically filed pursuant to paragraph (f)(15) of 
this section, a document filed with the Office of Administrative Law 
Judges pursuant to this subchapter shall be submitted to the address 
for the Chief Administrative Law Judge, as set forth in the appendix.
    (f) * * *
    (15) Documents submitted to the Office of Administrative Law Judges 
under 5 CFR part 2423, including answers to complaints, motions, 
briefs, pre-hearing disclosures, stipulations, and any other documents 
as permitted by the eFiling system for the Office of Administrative Law 
Judges.
* * * * *

    Dated: February 12, 2015.
Carol Waller Pope,
Chairman.
[FR Doc. 2015-03315 Filed 2-19-15; 8:45 am]
BILLING CODE 6727-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.