Arbitration Panel Decision Under the Randolph-Sheppard Act, 36438-36439 [E7-12893]

Download as PDF 36438 Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to oira_submission@omb.eop.gov or via fax to (202) 395–6974. Commenters should include the following subject line in their response ‘‘Comment: [insert OMB number], [insert abbreviated collection name, e.g., ‘‘Upward Bound Evaluation’’]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. 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Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339. [FR Doc. E7–12845 Filed 7–2–07; 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 March 30, 2007, an arbitration panel rendered a decision in the matter of Ronald Carter v. Georgia Department of Labor, Division of Rehabilitation Services (Case No. R-S/06–2). 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, Ronald Carter. 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 (FRS) 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 Georgia Department of Labor, Division of Rehabilitation Services, the State E:\FR\FM\03JYN1.SGM 03JYN1 Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Notices licensing agency (SLA) regarding complainant’s termination as manager at Facility #348 at the United States Postal Service’s (USPS) Atlanta Bulk Mail Center. jlentini on PROD1PC65 with NOTICES Summary Complainant has been a licensed blind vendor in the Georgia Business Enterprise Program (BEP) for 16 years. In 1999, complainant was assigned as the vending facility manager at the USPS Atlanta Bulk Mail Center, Facility #348. Facility #348 is a vending machine route. In the termination letter dated September 24, 2004, the SLA informed the complainant that the USPS was dissatisfied with his performance for the following reasons: (1) Lack of inventory in the vending machines, (2) expired food items, (3) failure to maintain vending machines, (4) complainant’s absence from the facility, (5) limited food selection, and (6) failure to resolve customer service complaints. The letter further indicated that the USPS threatened to terminate the permit agreement with the SLA unless there was improvement regarding the level of service customers received and the complainant was replaced. Shortly thereafter, complainant requested an administrative review concerning his license termination. On November 29, 2004, the SLA issued a decision denying his petition. In December 2004, complainant filed for a state fair hearing on this matter, which was held on April 15, 2005. On June 29, 2005, the Administrative Law Judge (ALJ) issued a decision affirming the SLA’s termination of complainant’s operator license. Subsequently, the SLA informed complainant it had adopted the ALJ’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 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 alleged improper termination of complainant’s vending operating license to manage Facility #348 at the USPS Atlanta Bulk Mail Center. After reviewing the entire case file 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 VerDate Aug<31>2005 17:57 Jul 02, 2007 Jkt 211001 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 U.S. Department of Education. 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 28, 2007. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E7–12893 Filed 7–2–07; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Office of Science; DOE/NSF Nuclear Science Advisory Committee Department of Energy. Notice of open meeting. AGENCY: ACTION: This notice announces a meeting of the DOE/NSF Nuclear Science Advisory Committee (NSAC). Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register. DATES: Thursday, July 26, 2007; 8 a.m. to 5 p.m. ADDRESSES: Radisson Hotel Reagan National Airport, 2020 Jefferson Davis Highway, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Brenda L. May, U.S. Department of Energy; SC–26/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585–1290; Telephone: 301–903–0536. SUPPLEMENTARY INFORMATION: Purpose of Meeting: To provide advice and guidance on a continuing basis to the Department of Energy and SUMMARY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 36439 the National Science Foundation on scientific priorities within the field of basic nuclear science research. Tentative Agenda: Agenda will include discussions of the following: Thursday, July 26, 2007 • Perspectives from Department of Energy and National Science Foundation • Presentation of the Neutrino Scientific Assessment Group Subcommittee Report • Discussion of Rare Isotope Beam (RIB) Task Force Report • Update from the Performance Measures Subcommittee • Reports on the Long Range Plan Writing Progress • Public Comment (10-minute rule) Public Participation: The meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact Brenda L. May, 301–903–0536 or Brenda.May@science.doe.gov (email). You must make your request for an oral statement at least 5 business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. Minutes: The NSAC will prepare meeting minutes within 45 days of the meeting. The minutes will be posted on the NSAC Web site at https:// www.sc.doe.gov/np/nsac/nsac.html. Issued at Washington, DC on June 27, 2007. Rachel Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E7–12839 Filed 7–2–07; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ID–5355–000] Edwards, Jeffrey S.; Notice of Filing June 26, 2007. Take notice that on June 14, 2007, Jeffrey S. Edwards filed an application for authorization to hold interlocking directorate positions, pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b), Part 45 of the Federal Energy Regulatory Commission’s Rules E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Notices]
[Pages 36438-36439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12893]


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

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 
March 30, 2007, an arbitration panel rendered a decision in the matter 
of Ronald Carter v. Georgia Department of Labor, Division of 
Rehabilitation Services (Case No. R-S/06-2). 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, Ronald Carter.

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 (FRS) 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 Georgia Department of Labor, Division of 
Rehabilitation Services, the State

[[Page 36439]]

licensing agency (SLA) regarding complainant's termination as manager 
at Facility 348 at the United States Postal Service's (USPS) 
Atlanta Bulk Mail Center.

Summary

    Complainant has been a licensed blind vendor in the Georgia 
Business Enterprise Program (BEP) for 16 years. In 1999, complainant 
was assigned as the vending facility manager at the USPS Atlanta Bulk 
Mail Center, Facility 348. Facility 348 is a vending 
machine route.
    In the termination letter dated September 24, 2004, the SLA 
informed the complainant that the USPS was dissatisfied with his 
performance for the following reasons: (1) Lack of inventory in the 
vending machines, (2) expired food items, (3) failure to maintain 
vending machines, (4) complainant's absence from the facility, (5) 
limited food selection, and (6) failure to resolve customer service 
complaints. The letter further indicated that the USPS threatened to 
terminate the permit agreement with the SLA unless there was 
improvement regarding the level of service customers received and the 
complainant was replaced.
    Shortly thereafter, complainant requested an administrative review 
concerning his license termination. On November 29, 2004, the SLA 
issued a decision denying his petition. In December 2004, complainant 
filed for a state fair hearing on this matter, which was held on April 
15, 2005. On June 29, 2005, the Administrative Law Judge (ALJ) issued a 
decision affirming the SLA's termination of complainant's operator 
license.
    Subsequently, the SLA informed complainant it had adopted the ALJ'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 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 
alleged improper termination of complainant's vending operating license 
to manage Facility 348 at the USPS Atlanta Bulk Mail Center.
    After reviewing the entire case file 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 U.S. Department of Education.

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 28, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
 [FR Doc. E7-12893 Filed 7-2-07; 8:45 am]
BILLING CODE 4000-01-P
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