Arbitration Panel Decision Under the Randolph-Sheppard Act, 34459-34460 [E7-12146]

Download as PDF Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices (SFM), a private company to act as a teaming partner with the licensed blind vendor selected to operate the FLETC cafeteria. In mid 1999, complainant responded to the SLA’s bid announcement to manage the FLETC cafeteria. In July 1999, complainant was selected as the licensed manager for the FLETC cafeteria and began work in February 2000. In the beginning, complainant felt that there were several problems, i.e., his office was not completed, he was unable to access certain computer documents, and he was not provided training. Additionally, complainant alleged that he had no involvement in the selection of SFM and that the terms of the teaming agreement required that he receive a fixed salary with no right to share in the profits. Further the complainant alleged that the teaming agreement negotiated between the SLA and SFM left him with no staff support to carry out his duties as the cafeteria contract manager. On October 11, 2002, complainant filed a grievance against the SLA on this matter. A fair hearing on the grievance was held on January 16, 2003, and complainant’s grievance was denied. On May 15, 2003, complainant filed an appeal. On September 18, 2003, the Administrative Law Judge (ALJ) issued an order denying the appeal and any relief to the complainant. The SLA adopted the ALJ’s decision as final agency action. Complainant sought review by a Federal arbitration panel of that decision. rwilkins on PROD1PC63 with NOTICES Arbitration Panel Decision The issue heard by the panel was whether the actions taken by the Georgia Department of Labor, Division of Rehabilitation Services violated the Act, 20 U.S.C. 107 et seq., the implementing regulations in 34 CFR part 395, and its own rules and regulations concerning the administration of a cafeteria contract at FLETC and the selection of complainant to manage this facility. After reviewing all of the records and hearing testimony of witnesses, the majority of the panel ruled that the SLA followed the provisions of the Act, and implementing regulations in the administration of the FLETC cafeteria contract. Therefore, the panel denied complainant’s grievance. One panel member dissented. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the Department. VerDate Aug<31>2005 16:51 Jun 21, 2007 Jkt 211001 Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: https://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/ index.html. Dated: June 14, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7–12143 Filed 6–21–07; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Arbitration Panel Decision Under the Randolph-Sheppard Act Department of Education. Notice of arbitration panel decision under the Randolph-Sheppard Act. AGENCY: ACTION: SUMMARY: The Department of Education (Department) gives notice that on August 21, 2006, an arbitration panel rendered a decision in the matter of David Stewart v. Alabama Department of Rehabilitation Services (Case No. R– S/04–1). This panel was convened by the Department, under 20 U.S.C. 107d– 1(a), after the Department received a complaint filed by the petitioner, David Stewart. FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text of the arbitration panel decision from Suzette E. Haynes, U.S. Department of Education, 400 Maryland Avenue, SW., room 5022, Potomac Center Plaza, Washington, DC 20202–2800. Telephone: (202) 245–7374. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service at 1–800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 34459 Under section 6(c) of the Randolph-Sheppard Act (the Act), 20 U.S.C. 107d–2(c), the Secretary publishes in the Federal Register a synopsis of each arbitration panel decision affecting the administration of vending facilities on Federal and other property. SUPPLEMENTARY INFORMATION: Background This dispute concerned alleged violations of the Act, the implementing regulations in 34 CFR part 395, and State rules and regulations by the Alabama Department of Rehabilitation Services, the State licensing agency (SLA), regarding David Stewart’s (complainant) termination as manager of the military dining facility at the Redstone Arsenal in Huntsville, Alabama. Summary On November 13, 2002, the SLA issued a bid announcement for the military dining hall facility at Redstone Arsenal. Among other details in the announcement, the SLA specifically indicated that the contract was a joint venture and that the licensed blind vendor selected would be required to team with an outside military dining hall contractor known as KCA, Inc. On January 7, 2003, the SLA informed complainant that he had been selected as the licensed manager for the military dining hall at Redstone Arsenal and complainant accepted on January 8, 2003. On February 4, 2003, the complainant met with SLA staff members, KCA, Inc. staff and other interested parties. At the meeting, complainant explained that his wife would not be able to assume the administrative roles, i.e., payroll assistant, driving, and other duties as the previous blind vendor’s wife. Therefore, complainant proposed that one-half of the general and administrative costs normally passed on to KCA, Inc. be allocated to him since complainant would have to hire additional staff to perform those duties. Subsequently, complainant alleged that a member of KCA, Inc. informed him that a proposed joint venture agreement would be sent to complainant to consider. On February 13, 2003, the SLA wrote the complainant stating that he must execute a joint venture and operating agreement by February 21, 2003 or the military dining hall facility at Redstone Arsenal would be awarded to the next highest-scoring blind vendor. Previously, complainant had hired an attorney to assist him in reviewing the joint venture agreement. Upon receipt of the February 13, 2003 letter from the SLA, complainant’s attorney and the E:\FR\FM\22JNN1.SGM 22JNN1 34460 Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices SLA staff exchanged a number of letters regarding this matter. Complainant also alleged that his attorney received information that KCA, Inc. was unwilling to enter into a joint venture agreement with him. On February 19, 2003, SLA staff wrote to complainant’s attorney reiterating its position that complainant and KCA, Inc. must enter into a joint venture agreement and execute a signed document by February 21, 2003. On February 26, 2003, SLA staff wrote complainant’s attorney explaining that the SLA had to award the military dining hall facility at Redstone Arsenal to another vendor because complainant failed to execute the joint venture agreement with KCA, Inc. On April 2, 2003, complainant requested a hearing. A fair hearing on this matter was held on August 5, 2003. On September 5, 2003, the hearing officer issued an order denying complainant’s grievance. Subsequently, the SLA adopted the hearing officer’s decision as final agency action. Complainant sought review by a Federal arbitration panel of that decision. rwilkins on PROD1PC63 with NOTICES Arbitration Panel Decision The issue heard by the panel was whether the Alabama Department of Rehabilitation Services violated the Act, 20 U.S.C. 107 et seq., the implementing regulations in 34 CFR part 395, and its own rules and regulations in the alleged improper termination of complainant from managing the military dining facility at Redstone Arsenal. After reviewing all of the records and hearing testimony of witnesses, the majority of the panel ruled that the SLA acted properly and in full and fair compliance with the Act, implementing regulations, and State rules and regulations. Therefore, the panel denied complainant’s grievance. One panel member dissented. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the Department. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: https://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. VerDate Aug<31>2005 16:51 Jun 21, 2007 Jkt 211001 Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/ index.html. Dated: June 14, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7–12146 Filed 6–21–07; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Oak Ridge Reservation Department of Energy. Notice of open meeting. AGENCY: ACTION: empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. Minutes: Minutes of this meeting will be available for public review and copying at the Department of Energy’s Information Center at 475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m., Monday through Friday, or by writing to Pat Halsey, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM– 90, Oak Ridge, TN 37831, or by calling her at (865) 576–4025. Issued at Washington, DC on June 18, 2007. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E7–12094 Filed 6–21–07; 8:45 am] BILLING CODE 6450–01–P This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Wednesday, July 11, 2007, 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee. SUMMARY: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM– 90, Oak Ridge, TN 37831. Phone (865) 576–4025; Fax (865) 576–5333 or e-mail: halseypj@oro.doe.gov or check the Web site at https://www.oakridge.doe.gov/em/ ssab. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda: The main meeting topic is ‘‘The Federal Facility Agreement, Appendixes E and J.’’ Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–8330–3] Proposed Settlement Agreement, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. AGENCY: SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by Environmental Defense, Natural Resources Defense Council, and Sierra Club (hereinafter ‘‘Petitioners’’): Environmental Defense et al. v. Environmental Protection Agency, No. 06–1164 (DC Cir.). On or about May 9, 2006, Petitioners filed a complaint challenging EPA’s Transportation Conformity Hot-Spot Final Rule, alleging that the rule failed to satisfy the Clean Air Act’s transportation conformity criteria, that it permitted EPA to issue particulate matter (PM) hot-spot guidance without following required procedures, and that it withdrew a motor vehicle emissions factor model for use in PM hot-spot analysis without following required procedures. Under the terms of the proposed settlement agreement, Petitioners agree to dismiss the claim relating to issuance of PM hot-spot guidance once EPA provides public notice of and an opportunity to comment on such guidance. E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Notices]
[Pages 34459-34460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12146]


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

DEPARTMENT OF EDUCATION


Arbitration Panel Decision Under the Randolph-Sheppard Act

AGENCY: Department of Education.

ACTION: Notice of arbitration panel decision under the Randolph-
Sheppard Act.

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

SUMMARY: The Department of Education (Department) gives notice that on 
August 21, 2006, an arbitration panel rendered a decision in the matter 
of David Stewart v. Alabama Department of Rehabilitation Services (Case 
No. R-S/04-1). This panel was convened by the Department, under 20 
U.S.C. 107d-1(a), after the Department received a complaint filed by 
the petitioner, David Stewart.

FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text 
of the arbitration panel decision from Suzette E. Haynes, U.S. 
Department of Education, 400 Maryland Avenue, SW., room 5022, Potomac 
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-7374. If 
you use a telecommunications device for the deaf (TDD), you may call 
the Federal Relay Service at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard 
Act (the Act), 20 U.S.C. 107d-2(c), the Secretary publishes in the 
Federal Register a synopsis of each arbitration panel decision 
affecting the administration of vending facilities on Federal and other 
property.

Background

    This dispute concerned alleged violations of the Act, the 
implementing regulations in 34 CFR part 395, and State rules and 
regulations by the Alabama Department of Rehabilitation Services, the 
State licensing agency (SLA), regarding David Stewart's (complainant) 
termination as manager of the military dining facility at the Redstone 
Arsenal in Huntsville, Alabama.

Summary

    On November 13, 2002, the SLA issued a bid announcement for the 
military dining hall facility at Redstone Arsenal. Among other details 
in the announcement, the SLA specifically indicated that the contract 
was a joint venture and that the licensed blind vendor selected would 
be required to team with an outside military dining hall contractor 
known as KCA, Inc.
    On January 7, 2003, the SLA informed complainant that he had been 
selected as the licensed manager for the military dining hall at 
Redstone Arsenal and complainant accepted on January 8, 2003.
    On February 4, 2003, the complainant met with SLA staff members, 
KCA, Inc. staff and other interested parties. At the meeting, 
complainant explained that his wife would not be able to assume the 
administrative roles, i.e., payroll assistant, driving, and other 
duties as the previous blind vendor's wife. Therefore, complainant 
proposed that one-half of the general and administrative costs normally 
passed on to KCA, Inc. be allocated to him since complainant would have 
to hire additional staff to perform those duties.
    Subsequently, complainant alleged that a member of KCA, Inc. 
informed him that a proposed joint venture agreement would be sent to 
complainant to consider. On February 13, 2003, the SLA wrote the 
complainant stating that he must execute a joint venture and operating 
agreement by February 21, 2003 or the military dining hall facility at 
Redstone Arsenal would be awarded to the next highest-scoring blind 
vendor.
    Previously, complainant had hired an attorney to assist him in 
reviewing the joint venture agreement. Upon receipt of the February 13, 
2003 letter from the SLA, complainant's attorney and the

[[Page 34460]]

SLA staff exchanged a number of letters regarding this matter. 
Complainant also alleged that his attorney received information that 
KCA, Inc. was unwilling to enter into a joint venture agreement with 
him.
    On February 19, 2003, SLA staff wrote to complainant's attorney 
reiterating its position that complainant and KCA, Inc. must enter into 
a joint venture agreement and execute a signed document by February 21, 
2003. On February 26, 2003, SLA staff wrote complainant's attorney 
explaining that the SLA had to award the military dining hall facility 
at Redstone Arsenal to another vendor because complainant failed to 
execute the joint venture agreement with KCA, Inc.
    On April 2, 2003, complainant requested a hearing. A fair hearing 
on this matter was held on August 5, 2003. On September 5, 2003, the 
hearing officer issued an order denying complainant's grievance. 
Subsequently, the SLA adopted the hearing officer's decision as final 
agency action. Complainant sought review by a Federal arbitration panel 
of that decision.

Arbitration Panel Decision

    The issue heard by the panel was whether the Alabama Department of 
Rehabilitation Services violated the Act, 20 U.S.C. 107 et seq., the 
implementing regulations in 34 CFR part 395, and its own rules and 
regulations in the alleged improper termination of complainant from 
managing the military dining facility at Redstone Arsenal.
    After reviewing all of the records and hearing testimony of 
witnesses, the majority of the panel ruled that the SLA acted properly 
and in full and fair compliance with the Act, implementing regulations, 
and State rules and regulations. Therefore, the panel denied 
complainant's grievance. One panel member dissented.
    The views and opinions expressed by the panel do not necessarily 
represent the views and opinions of the Department.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
https://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: https://www.gpoaccess.gov/
nara/.


    Dated: June 14, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12146 Filed 6-21-07; 8:45 am]
BILLING CODE 4000-01-P
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