Arbitration Panel Decision Under the Randolph-Sheppard Act, 67599-67600 [E7-23153]

Download as PDF Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices DEPARTMENT OF EDUCATION rmajette on PROD1PC64 with NOTICES BILLING CODE 5001–06–C Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 PO 00000 Department of Education. Frm 00007 Fmt 4703 Sfmt 4703 Notice of arbitration panel decision under the Randolph-Sheppard Act. ACTION: SUMMARY: The Department of Education (Department) gives notice that on July 18, 2007, an arbitration panel rendered a decision in the matter of Frank Malone E:\FR\FM\29NON1.SGM 29NON1 EN29NO07.001</GPH> [FR Doc. 07–5857 Filed 11–28–07; 8:45 am] 67599 67600 Federal Register / Vol. 72, No. 229 / Thursday, November 29, 2007 / Notices v. Ohio Rehabilitation Services Commission, Bureau of Services for the Blind (Case No. R–S/04–8). 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, Frank Malone. 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. 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 Frank Malone (Complainant) alleged violations by the Ohio Rehabilitation Services, Bureau of Services for the Blind, the State Licensing Agency (SLA), regarding the Act, the implementing regulations in 34 CFR part 395, and State rules and regulations. Specifically, Complainant alleged that these violations led to his resignation as manager of the cafeteria at the Verne Riffe Center for Government and the Arts (Riffe Center) in Columbus, Ohio. Additionally, Complainant alleged that the SLA improperly administered the Randolph-Sheppard Vending Program with respect to the SLA’s rules and regulations concerning rent payments owed by him to the Ohio Building Authority (OBA), and the SLA’s alleged failure to maximize Complainant’s cafeteria facility, thus limiting his vocational potential. rmajette on PROD1PC64 with NOTICES Summary Complainant filed a grievance against the SLA on this matter. A hearing on the grievance was held on August 20, 21, 22, and 26, 2003. Complainant’s grievance was denied. On October 14, 2003, the hearing officer sustained the SLA’s decision concerning the revocation of Complainant’s vending VerDate Aug<31>2005 14:52 Nov 28, 2007 Jkt 211001 license and ordered that the SLA collect from Complainant all monies due regarding outstanding rent payments to OBA. On November 19, 2003, the SLA adopted the hearing officer’s order as final agency action. Complainant sought review by a Federal arbitration panel of that decision. Arbitration Panel Decision After reviewing all of the records and hearing testimony of witnesses, the panel ruled that the SLA failed in its responsibilities toward Complainant in violation of the Act, implementing regulations, and State rules and regulations. Specifically, the panel directed the SLA to restore Complainant’s vending operator’s license and reinstate him in the Business Enterprise program with full seniority. Further, the panel concluded that Complainant had been deprived of employment as a licensed vendor for four years, in part as a result of the SLA’s omissions. Therefore, the panel also directed the SLA to offer Complainant the first available vending facility consistent with his ability and comparable in size, responsibility, and income potential as that of his previous assignment at the Riffe Center cafeteria facility. Additionally, the panel awarded Complainant damages in the amount of $93,202.01 for lost profits that he would have earned at the Riffe Center cafeteria facility less the amount of rent payments owed by Complainant to the SLA in the amount of $19,254.30. The total amount of the damage award to be paid by the SLA to Complainant is $73,947.71. The panel also found insufficient evidence to award further damages based upon Complainant’s claim that he was entitled to an ATM machine and to have a priority for catering. 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: http://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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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: http://www.gpoaccess.gov/nara/ index.html. Dated: November 26, 2007. William W. Knudsen, Deputy Assistant, Secretary for Special Education and Rehabilitative Services. [FR Doc. E7–23153 Filed 11–28–07; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05–72–004] Dynegy Midwest Generation, Inc.; Notice of Filing November 21, 2007. Take notice that on November 13, 2007, Dynegy Midwest Generation, Inc. filed its Reactive Supply and Voltage Control from Generation Sources Service rate schedule in compliance of the Commission Order issued October 12, 2007, Initial Decision, Dynegy Midwest Generation, Inc., Opinion No. 498, 121 FERC ¶ 61,025 (2007). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 72, Number 229 (Thursday, November 29, 2007)]
[Notices]
[Pages 67599-67600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23153]


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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 
July 18, 2007, an arbitration panel rendered a decision in the matter 
of Frank Malone

[[Page 67600]]

v. Ohio Rehabilitation Services Commission, Bureau of Services for the 
Blind (Case No. R-S/04-8). 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, Frank Malone.

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

    Frank Malone (Complainant) alleged violations by the Ohio 
Rehabilitation Services, Bureau of Services for the Blind, the State 
Licensing Agency (SLA), regarding the Act, the implementing regulations 
in 34 CFR part 395, and State rules and regulations. Specifically, 
Complainant alleged that these violations led to his resignation as 
manager of the cafeteria at the Verne Riffe Center for Government and 
the Arts (Riffe Center) in Columbus, Ohio.
    Additionally, Complainant alleged that the SLA improperly 
administered the Randolph-Sheppard Vending Program with respect to the 
SLA's rules and regulations concerning rent payments owed by him to the 
Ohio Building Authority (OBA), and the SLA's alleged failure to 
maximize Complainant's cafeteria facility, thus limiting his vocational 
potential.

Summary

    Complainant filed a grievance against the SLA on this matter. A 
hearing on the grievance was held on August 20, 21, 22, and 26, 2003. 
Complainant's grievance was denied. On October 14, 2003, the hearing 
officer sustained the SLA's decision concerning the revocation of 
Complainant's vending license and ordered that the SLA collect from 
Complainant all monies due regarding outstanding rent payments to OBA. 
On November 19, 2003, the SLA adopted the hearing officer's order as 
final agency action. Complainant sought review by a Federal arbitration 
panel of that decision.

Arbitration Panel Decision

    After reviewing all of the records and hearing testimony of 
witnesses, the panel ruled that the SLA failed in its responsibilities 
toward Complainant in violation of the Act, implementing regulations, 
and State rules and regulations. Specifically, the panel directed the 
SLA to restore Complainant's vending operator's license and reinstate 
him in the Business Enterprise program with full seniority.
    Further, the panel concluded that Complainant had been deprived of 
employment as a licensed vendor for four years, in part as a result of 
the SLA's omissions. Therefore, the panel also directed the SLA to 
offer Complainant the first available vending facility consistent with 
his ability and comparable in size, responsibility, and income 
potential as that of his previous assignment at the Riffe Center 
cafeteria facility.
    Additionally, the panel awarded Complainant damages in the amount 
of $93,202.01 for lost profits that he would have earned at the Riffe 
Center cafeteria facility less the amount of rent payments owed by 
Complainant to the SLA in the amount of $19,254.30. The total amount of 
the damage award to be paid by the SLA to Complainant is $73,947.71. 
The panel also found insufficient evidence to award further damages 
based upon Complainant's claim that he was entitled to an ATM machine 
and to have a priority for catering.
    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: 
http://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: http://www.gpoaccess.gov/
nara/index.html.


    Dated: November 26, 2007.
William W. Knudsen,
Deputy Assistant, Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. E7-23153 Filed 11-28-07; 8:45 am]
BILLING CODE 4000-01-P