Federal Labor Relations Authority – Federal Register Recent Federal Regulation Documents
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Procedures of the Panel; Miscellaneous Requirements
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.
Procedures of the Panel; Miscellaneous Requirements
The Federal Labor Relations Authority's (FLRA) Federal Service Impasses Panel (FSIP) is proposing updates to its regulations 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.
Changes in Filing Addresses and Procedures
The Federal Labor Relations Authority (FLRA), including the Office of the General Counsel (OGC), and the Federal Service Impasses Panel (FSIP), are amending their regulations to update their addresses and telephone numbers, and to eliminate the requirement that parties file four copies of original documents that they file with: the FLRA's three-member, decisional component (the Authority); the OGC; and the FLRA's Administrative Law Judges, Regional Directors, and Hearing Officers.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Federal Labor Relations Authority (FLRA) is issuing public notice of an intent to introduce a new system of records entitled, ``Privacy Act Requests and Appeals.'' This notice publishes details of the new system as set forth below.
Privacy Act of 1974; System of Records
The ``Freedom of Information Act Request and Appeal Files'' is the system that the Federal Labor Relations Authority (FLRA) uses to provide the public with a single location to submit and track Freedom of Information Act (FOIA) requests and appeals filed with the FLRA, to manage internal FOIA administration activities, and to collect data for annual reporting requirements to the Department of Justice. FLRA's prior system, FOIAOnline, was recently decommissioned. Under the Privacy Act of 1974, FLRA's Chief FOIA Officer proposes to update the system of records, titled ``Freedom of Information Act Request and Appeal Files,'' with information about FLRA's new FOIA system, FOIAXPress. This notice replaces the notice FLRA published on October 27, 2017 at 82 FR 49813.
Privacy
This final rule adopts, with one change, the proposed rule published in the Federal Register on October 11, 2023. The rule updates procedures under the Privacy Act for requesting information from the Federal Labor Relations Authority (FLRA) and procedures that the FLRA follows in responding to requests from the public, in order to reflect changes in the law and the FLRA's organization since the regulations were last updated.
Miscellaneous and General Requirements
This final rule adopts, with one minor change, a proposed rule published in the Federal Register on September 29, 2023. The final rule specifies that, if parties wish to file documents with the Federal Labor Relations Authority's (FLRA's) Office of Case Intake and Publication (CIP) in person, then they must schedule an appointment at least one business day in advance. The final rule also makes other minor technical and formatting changes. In addition, like the proposed rule, the final rule specifies that documents filed through the FLRA's electronic-filing (eFiling) system must be filed electronically by ``11:59 p.m.,'' rather than ``midnight,'' on the due date. However, unlike the proposed rule, the final rule specifies that the 11:59 p.m. filing deadline is ``Eastern Time.''
Negotiability Proceedings; Correction
The Federal Labor Relations Authority is correcting its regulations regarding negotiability proceedings.
Negotiability Proceedings; Correction
The Federal Labor Relations Authority is correcting its regulations regarding negotiability proceedings.
Privacy
This rulemaking proposes revisions to the regulations that the Federal Labor Relations Authority (FLRA) follows in processing records under the Privacy Act. The FLRA is revising these regulations to update procedures for requesting information from the FLRA and procedures that the FLRA follows in responding to requests from the public, in order to reflect changes in the law and the FLRA's organization since the regulations were last updated.
Miscellaneous and General Requirements
The Federal Labor Relations Authority (FLRA) is proposing to amend its regulations to specify that, if parties wish to file documents with the FLRA's Office of Case Intake and Publication (CIP) in person, then they must schedule an appointment at least one business day in advance. The proposed amendments also specify that electronically filed (eFiled) documents must be filed by ``11:59 p.m.,'' rather than ``midnight,'' on the due date, and make other minor technical and formatting changes.
Availability of Official Information
The Federal Labor Relations Authority (FLRA) amends its regulations for processing records under the Freedom of Information Act (FOIA). The amendments streamline and update procedures for requesting information from the FLRA and procedures that the FLRA follows in responding to requests from the public.
Miscellaneous and General Requirements
This final rule adopts, without change, an interim final rule published in the Federal Register on July 10, 2023, with a correction published on July 12, 2023. The rule permits parties to proceedings before the Federal Labor Relations Authority's (FLRA's) three-Member, decisional component (the Authority) to voluntarily requestin individual cases filed through the FLRA's electronic-filing (eFiling) systemthat the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases.
Negotiability Proceedings
The Federal Labor Relations Authority (FLRA) is revising the regulations governing negotiability appeals to better ``expedite proceedings,'' consistent with Congress's direction. The final rule is designed to benefit the FLRA's parties by clarifying various matters and streamlining the adjudication process for negotiability appeals, resulting in more timely decisions.
Miscellaneous and General Requirements
The Federal Labor Relations Authority (FLRA) is implementing this interim final rule with comment period (interim final rule) to enable parties to proceedings before the FLRA's three-Member, decisional component (the Authority) to voluntarily requestin individual cases filed through the FLRA's electronic-filing (eFiling) systemthat the Authority use electronic mail (email) to serve the requesting parties any decisions, orders, and notices (Authority documents) issued in those individual cases. The Authority welcomes comments on this interim final rule.
Miscellaneous and General Requirements
The Federal Labor Relations Authority (FLRA or Authority) seeks public comments on a proposed revision to its regulations and a proposed rescission of its general statement of policy or guidance (policy statement) in Office of Personnel Management (OPM), 71 FLRA 571 (2020) (Member Abbott concurring; then-Member DuBester dissenting). The proposed revision and rescission concern the intervals at which Federal employees may revoke their voluntary, written assignments of payroll deductions for the payment of regular and periodic dues allotted to their exclusive representative. Specifically, in addition to rescinding OPM, the Authority proposes either revising its regulation entitled ``Revocation of Assignments'' to provide that dues revocations may be processed only at one-year intervals, or, alternatively, rescinding that regulation in its entirety. The Authority seeks comments on these proposals.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Miscellaneous and General Requirements
The Federal Labor Relations Authority (FLRA, or Authority) adopts an addition to its regulations. The additional regulation 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. Specifically, the regulation provides that, after the expiration of a one-year period during which an assignment may not be revoked, an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. However, the additional regulation will not apply to the revocation of assignments that were authorized prior to the effective date of the regulation.
Notice of Opportunity To Comment on a Request for a General Statement of Policy or Guidance on Whether “Zipper Clauses” Are Mandatory Subjects of Bargaining
The Federal Labor Relations Authority (Authority) solicits written comments on a request from the U.S. Office of Personnel Management (OPM) for a general statement of policy or guidance (general statement) holding that ``zipper clauses''which are provisions that would foreclose or limit mid-term bargaining during the term of a collective-bargaining agreement (CBA)are a mandatory subject of bargaining. Comments are solicited on whether the Authority should issue a general statement, and, if so, what the Authority's policy or guidance should be.
Notice of Opportunity To Comment on a Request for a General Statement of Policy or Guidance on Official Time for Certain Lobbying Activities
The Federal Labor Relations Authority (Authority) solicits written comments on a request from the National Right to Work Legal Defense Foundation (the Foundation) for a general statement of policy or guidance. The Foundation asks the Authority to issue a general statement of policy or guidance concerning whether Section 7131 of the Federal Service Labor-Management Relations Statute (the Statute) permits parties to bargain over, or union representatives to use, official time for lobbying activities that are subject to Federal law. Comments are solicited on whether the Authority should issue a general statement of policy or guidance, and, if so, what the Authority's policy or guidance should be.
Miscellaneous and General Requirements
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.
Negotiability Proceedings, Reopening of Comment Period
The Federal Labor Relations Authority (FLRA) is reopening the comment period for its proposed rule concerning Negotiability Proceedings for an additional 14 days. The original comment period ended on January 22, 2020.
Notice of Opportunity To Comment on a Request for a General Statement of Policy or Guidance on Agency-Head Review of Agreements That Continue in Force Until New Agreements Are Reached
The Federal Labor Relations Authority (Authority) solicits written comments on a request from the U.S. Department of Agriculture (USDA) for a general statement of policy or guidance (general statement) concerning expiring collective-bargaining agreements that state that they will remain in force until the parties reach new agreements. USDA asks for a general statement holding that, if an expiring agreement continues in force during renegotiations, then an agency head may review the legality of the expiring agreement as early as the agency head could review an expiring agreement that was renewed automatically for a fixed term. Comments are solicited on whether the Authority should issue a general statement, and, if so, what the Authority's policy or guidance should be.
Negotiability Proceedings
The Federal Labor Relations Authority (FLRA) intends to revise the regulations governing negotiability appeals to better ``expedite proceedings,'' consistent with Congress's direction, and with the FLRA's goal in its strategic plan to ``ensure quality, timely . . . decision-making processes.'' The proposed rule is designed to streamline the adjudication process for negotiability appeals, resulting in more timely decisions for the parties.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Notice of Opportunity To Comment on a Request for a General Statement of Policy or Guidance on Revoking Union-Dues Assignments
The Federal Labor Relations Authority (Authority) solicits written comments on a request from the Office of Personnel Management (OPM) for a general statement of policy or guidance. OPM asks the Authority to issue a general statement of policy or guidance holding that the U.S. Supreme Court's decision in Janus v. AFSCME, Council 31 (2018) requires the Authority to reevaluate its precedent on the revocation of federal employees' union-dues assignments. Comments are solicited on whether the Authority should issue a general statement of policy or guidance, and, if so, what the Authority's policy or guidance should be.
Notice of Opportunity To Submit Amici Curiae Briefs in an Arbitration Appeal Pending Before the Federal Labor Relations Authority
The Federal Labor Relations Authority provides an opportunity for all interested persons to submit briefs as amici curiae on a significant issue arising in a case pending before the Authority. The Authority is considering this case pursuant to its responsibilities under the Federal Service Labor-Management Relations Statute, and its regulations on the review of arbitration awards.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Changes to Current Addresses and Geographic Jurisdictions
This document amends regulations listing the current addresses and describing the geographic jurisdictions of the Federal Labor Relations Authority, General Counsel of the Federal Labor Relations Authority, and the Federal Service Impasses Panel. These changes reflect the closing of the Boston Regional Office and changes to the geographical jurisdictions of the Washington, DC and Chicago Regional Directors.
Changes to Current Addresses and Geographic Jurisdictions
This document amends regulations listing the current addresses and describing the geographic jurisdictions of the Federal Labor Relations Authority, General Counsel of the Federal Labor Relations Authority, and the Federal Service Impasses Panel. These changes reflect the closing of the Dallas Regional Office and changes to the geographical jurisdictions of the Atlanta, Chicago, and Denver Regional Directors.
Privacy Act of 1974; Publication of Proposed Amendments to Six Existing Systems of Records; Introduction of a New System of Records; Rescindment of Eleven Systems of Records; Request for Comments
The Privacy Act of 1974 requires that each agency publish notice of all the systems of records that it maintains. This document proposes the amendment of six of the FLRA's existing systems of records, the introduction of a new system of records, and the rescindment of eleven systems of records that are no longer in use or that are covered by government-wide system of records notices. With the proposed addition and rescindment of systems, the FLRA will maintain seven systems of records. Additional details are provided under Supplementary Information, below.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Availability of Official Information
This rulemaking amends the regulations that the Federal Labor Relations Authority (FLRA) follows in processing records under the Freedom of Information Act (FOIA) to comply with the FOIA Improvement Act of 2016. The amendments would clarify and update procedures for requesting information from the FLRA and procedures that the FLRA follows in responding to requests from the public.
Testimony by FLRA Employees and Production of Official Records in Legal Proceedings
The Federal Labor Relations Authority (FLRA) amends its procedures for requesters to follow when making requests to or demands on an employee of the FLRA's three-member Authority component (Authority), the Office of the General Counsel, or the Federal Service Impasses Panel (Panel) to produce official records or provide testimony relating to official information in connection with a legal proceeding. Specifically, the amendments expand the regulation's definition of ``legal proceeding'' to include matters in which the FLRA is a party. The amendments additionally delegate decision-making responsibility to the heads of each of the three components, depending on where the information is located, to ensure that responses to such requests or demands are handled in an orderly, efficient, and consistent manner. The amended procedures will better protect confidential information, provide guidance to requesters and FLRA employees, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of FLRA resources.
Senior Executive Service Performance Review Board
The Federal Labor Relations Authority (FLRA) publishes the names of the persons selected to serve on its SES Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.
Expedited Public Transportation Improvement Initiative
The Federal Transit Administration (FTA) announces the establishment of a multi-faceted Expedited Public Transportation Improvement Initiative (``XPEDITE'') and solicits participation in a forthcoming Online Dialogue on the initiative. The goal of XPEDITE is to facilitate the transit industry's implementation of:
Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the Cities of Seattle, Shoreline, Mountlake Terrace, and Lynnwood, WA; New Orleans, LA; Tacoma, WA; and Fort Lauderdale, FL. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.
FTA Supplemental Fiscal Year 2015 Apportionments, Allocations, and Program Information
The Federal Transit Administration (FTA) annually publishes one or more notices to apportion funds appropriated by law. This notice is the third notice which announces the remaining apportionment for programs funded with fiscal year (FY) 2015 contract authority.
Notice of Buy America Waiver for Track Turnout Component
In response to a Buy America waiver request from the Long Island Rail Road (LIRR), a subsidiary of the New York Metropolitan Transportation Authority (MTA), the Federal Transit Administration (FTA) hereby waives its Buy America requirements for the movable point frog component of one track turnout that LIRR needs for Stage 1.1 of its Jamaica Station Capacity Improvements Project, Phase I (JCI-Phase 1 Project). The turnout itself, however, is subject to FTA's Buy America requirements and, accordingly, the turnout must be manufactured in the United States. This Buy America waiver does not apply to track turnout components for Stages 2.0.1, 2.0.2, 2.0.3, and any other stages of LIRR's JCI- Phase I Project, or for LIRR's State of Good Repair Program, as LIRR has withdrawn such waiver requests through correspondence dated February 9, 2015, February 13, 2015, and June 25, 2015. Moreover, this Buy America waiver does not apply to track turnout components needed for the Northeast Corridor Congestion Relief Project at Harold Interlocking, for which the Federal Railroad Administration (FRA) granted a Buy America waiver on May 15, 2015, as FRA funds are being used for that project.
Notice of a Buy America Waiver for Replacement Gondola Components
The Federal Transit Administration (FTA) received a Buy America waiver request from the Colorado Department of Transportation on behalf of the Town of Mountain Village for replacement parts for a gondola rehabilitation project. A non-availability waiver is needed because Mountain Village intends to rehabilitate the gondola system with FTA funding and the replacement parts do not comply with Buy America requirements. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA published a notice of the waiver request and sought public comment in deciding whether to grant the request. Having received no comments opposing the waiver, FTA is hereby granting a non-availability waiver for the replacement gondola components to be procured by Mountain Village for the gondola refurbishment projects described herein.
Pilot Program for Expedited Project Delivery
Pursuant to Section 20008 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, FTA published a Notice for Expressions of Interest (EI) for proposals for the Pilot Program for Expedited Project Delivery on July 7, 2015. Due to a technical issue with the electronic mail address that has been resolved, FTA is extending the application submission deadline announced in the EI to September 8, 2015.
Public Transportation Safety Program
The Federal Transit Administration seeks public comment on a proposed rule to establish a Public Transportation Safety Program to strengthen the safety of public transportation systems throughout the United States, based on the principles and practices of Safety Management Systems.
Notice of Buy America Waiver for a Variable Refrigerant Flow HVAC System
In response to the City of Kansas City, Missouri's request for a Buy America waiver for a Variable Refrigerant Flow (VRF) HVAC system, the Federal Transit Administration (FTA) hereby waives its Buy America requirements for the VRF HVAC system to be installed at the Vehicle Maintenance Facility (VMF) associated with the Kansas City Downtown Streetcar Project. This waiver is limited to a single procurement for the VRF HVAC system for the VMF, an FTA-funded project.
Notice of Availability of Final Interim Policy Guidance for the Capital Investment Grant Program
The Federal Transit Administration (FTA) is announcing the availability of final interim policy guidance on the Capital Investment Grant (``CIG'') program. The final interim guidance has been placed both in the docket and on FTA's Web site. In brief, the policy guidance that FTA periodically issues on the CIG program complements the FTA regulations that govern the program. The regulations set forth the process that grant applicants must follow to be eligible for discretionary funding under the CIG program. The policy guidance provides a greater level of detail about the methods FTA uses to apply the evaluation criteria and the sequential steps a sponsor must follow in developing a project.
Section 5307 Urbanized Area Formula Grants; Passenger Ferry Grant Program
The Federal Transit Administration (FTA) announces the availability of Section 5307 Urbanized Area Formula Grant program funds in support of the Discretionary Passenger Ferry Grant program. This grant opportunity will be funded using approximately $20 million in FY 2015 Urbanized Area Formula Grants program funds authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, July 6, 2012. Although MAP-21 authorized the program at $30 million, the current extension only authorized funds through May 31, 2015, which is approximately $20 million. This notice solicits proposals to compete for Fiscal Year (FY) 2015 funding that is currently available under the Ferry program and may include additional funds made available, subsequent to publication of this notice. The Passenger Ferry Grant program (Ferry program), authorized by 49 U.S.C. 5307 (h), is a competitive program for which FTA established criteria for rating and ranking applications. Given the limited resources available for this program, FTA is limiting this discretionary opportunity to capital projects. These funds constitute a core investment in the enhancement and revitalization of public ferry systems in the Nation's urbanized areas. This notice also includes priorities established by FTA for these discretionary funds, criteria FTA will use to identify meritorious projects for funding, and the process to apply for funding. This announcement is available on the FTA Web site at: https:// www.fta.dot.gov. The FTA may announce final selections on the Web site and in the Federal Register. Additionally, a synopsis of this funding opportunity will be posted in the FIND module of the government-wide electronic grants (GRANTS.GOV) Web site at https://www.grants.gov.
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