Labor Management Cooperation Act of 1978 (Pub. L. 95-524), 11948-11952 [E9-6042]
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11948
Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
5887, or via fax at 202–395–5167 or via
Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Judith-B.Herman@fcc.gov, Federal
Communications Commission, or an email to PRA@fcc.gov. To view a copy of
this information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://reginfo.gov/public/do/
PRAMain, (2) look for the section of the
Web page called ‘‘Currently Under
Review’’, (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading, (4) select ‘‘Federal
Communications Commission’’ from the
list of agencies presented in the ‘‘Select
Agency’’ box, (5) click the ‘‘Submit’’
button to the right of the ‘‘Select
Agency’’ box, and (6) when the list of
FCC ICRs currently under review
appears, look for the title of this ICR (or
its OMB Control Number, if there is one)
and then click on the ICR Reference
Number to view detailed information
about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Judith
B. Herman at 202–418–0214 or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0986.
Title: Competitive Carrier Line Count
Report, WC Docket No. 05–337, CC
Docket No. 96–45.
Form Number: FCC Form 525.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for
profit and not-for-profit institutions.
Number of Respondents and
Responses: 1,923 respondents; 5,458
responses.
Estimated Time per Response: .5–6
hours.
Frequency of Response: On occasion,
quarterly, and annual reporting
requirements.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 27,328 hours.
Annual Cost Burden: $1,093,120.00.
Privacy Act Impact Assessment: No
impact.
Nature and Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: This collection is
being submitted as a revision to a
currently approved collection. In April
2008, the Commission adopted an order
that capped total annual competitive
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eligible telecommunications carrier
(ETC) universal service high-cost
support for each state at the level of
support that competitive ETCs in that
state were eligible to receive during
March 2008 on an annualized basis. The
Commission also adopted two limited
exceptions from the application of the
interim cap. First, a competitive ETC
will not be subject to the interim cap to
the extent it files cost data
demonstrating that its costs meet the
support threshold in the same manner
as the incumbent local exchange carrier.
The Commission plans to submit an
additional revision to OMB at a later
date seeking approval to collect
competitive ETCs’ cost data. Second, the
Commission also created a limited
exception for competitive ETCs serving
tribal lands or Alaska Native regions
(covered location). High-Cost Universal
Service Support; Federal-State Joint
Board on Universal Service, WC Docket
No. 05–337, CC Docket No. 96–45, FCC
08–122. Competitive ETCs opting into
the exception for Tribal lands or Alaska
Native regions would have to file line
counts on FCC Form 525 separately for
covered and non-covered locations.
Most competitive ETCs that serve these
locations already have separate study
area codes for the covered location, and
this requirement will not increase their
burden. A small number of competitive
ETCs, however, may need to make a one
time request for additional study area
codes. Thereafter, these carriers will
have to file an additional Form 525 for
each additional study area code.
Additionally, each competitive ETC
opting into this exception will be
required to file, each time it files line
count data, a certification that the lines
reflected in a particular filing are within
a covered location. The competitive
ETCs also will be required to maintain
records showing how they determined
that the lines were in a covered location.
The Commission will not amend FCC
Form 525 to incorporate the information
requests related to this limited
exception to the interim cap on highcost support. The Commission has
reviewed the information collection and
has revised the estimates that are
detailed in the supporting statement.
Additionally, the Commission is
revising the collection to incorporate the
reporting requirements of OMB 3060–
0793 for the self-certification as a rural
carrier requirement into this collection
under OMB Control Number 3060–0986.
The self-certification for rural carriers is
rarely filed with the Commission,
therefore, its incorporation into OMB
3060–0986 will ease the Commission’s
administrative burden for complying
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with information collection
requirements. Upon OMB approval of
this revision, the Commission will
voluntarily discontinue OMB Control
Number 3060–0793 and retain this one
for OMB’s inventory.
Marlene H. Dortch,
Secretary, Federal Communications
Commission.
[FR Doc. E9–6132 Filed 3–19–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Sunshine Act; Notice of Meeting
March 25, 2009—10 a.m.
800 North Capitol Street, NW.,
First Floor Hearing Room, Washington,
DC.
STATUS: A portion of the meeting will be
in Open Session and the remainder of
the meeting will be in Closed Session.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
PLACE:
Open Session
1. Docket No. 02–15 Passenger Vessel
Financial Responsibility—Request of
Commissioner Brennan.
2. FY 2008 Buy American Report to
Congress.
Closed Session
1. Docket No. 04–09—American
Warehousing of New York, Inc. v. The
Port Authority of New York and New
Jersey; Docket No. 05–03—American
Warehousing of New York, Inc. v. The
Port Authority of New York and New
Jersey.
2. Docket No. 07–01—APM Terminals
North America, Inc. v. The Port
Authority of New York and New Jersey
v. Maher Terminals, LLC.
3. Termination of RiverBarge
Excursion Lines, Inc. Escrow
Agreement.
4. Internal Administrative Practices
and Personnel Matters.
CONTACT PERSON FOR MORE INFORMATION:
Karen V. Gregory, Secretary, (202) 523–
5725.
Karen V. Gregory,
Secretary.
[FR Doc. E9–6268 Filed 3–18–09; 4:15 pm]
BILLING CODE 6730–01–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
Labor Management Cooperation Act of
1978 (Pub. L. 95–524)
AGENCY: Federal Mediation and
Conciliation Service.
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Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
ACTION: Request for Public Comment on
Draft Fiscal Year 2009, Program
Guidelines/Application Solicitation for
Labor-Management Committees.
SUMMARY: The Federal Mediation and
Conciliation Service (FMCS) is
publishing a draft Fiscal Year 2009
Program Guidelines/Application
Solicitation for the Labor-Management
Cooperation Program. The program is
supported by Federal funds authorized
by the Labor-Management Cooperation
Act of 1978, subject to annual
appropriations. This solicitation
contains a change in the deadline for
accepting applications.
DATES: Written comments must be
submitted to the office listed in the
address section below within 30 days
from the date of this publication in the
Federal Register.
ADDRESSES: Michael Bartlett Federal
Register Liaison, Federal Mediation and
Conciliation Service, 2100 K Street,
NW., Washington, DC 20427. Comments
may be submitted by fax at (202) 606–
5345 or electronic mail (e-mail) to
mbartlett@fmcs.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Stubbs, Grants Management
Specialist, FMCS 2100 K Street, NW.,
Washington, DC 20427. Telephone
number 202–606–8181, e-mail to
lstubbs@fmcs.gov or fax at (202) 606–
3434.
Federal Mediation Conciliation Service
Labor-Management Cooperation
Program Application Solicitation for
Labor-Management Committees FY2009
A. Introduction
The following is the draft Solicitation
for the Fiscal Year (FY) 2009 cycle of
the Labor-Management Cooperation
Program as it pertains to the support of
labor-management committees. These
guidelines represent the continuing
efforts of the Federal Mediation and
Conciliation Service to implement the
provisions of the Labor-Management
Cooperation Act of 1978, which was
initially implemented in FY1981. The
Act authorizes FMCS to provide
assistance in the establishment and
operation of company/plant, area,
public sector, and industry-wide labormanagement committees which:
(A) Have been organized jointly by
employers and labor organizations
representing employees in that
company/plant, area, government
agency, or industry; and
(B) Are established for the purpose of
improving labor-management
relationships, job security, and
organizational effectiveness; enhancing
economic development; or involving
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workers in decisions affecting their
working lives, including improving
communication with respect to subjects
of mutual interest and concern.
The Program Description and other
sections that follow, as well as a
separately published FMCS Financial
and Administrative Grants Manual,
make up the basic guidelines, criteria,
and program elements a potential
applicant for assistance under this
program must know in order to develop
an application for funding consideration
for either a company/plant, area-wide,
industry, or public sector labormanagement committee. Directions for
obtaining an application kit may be
found in Section H. A copy of the LaborManagement Cooperation Act of 1978,
included in the application kit, should
be reviewed in conjunction with this
solicitation.
B. Program Description
Objectives
The Labor-Management Cooperation
Act of 1978 identifies the following
seven general areas for which financial
assistance would be appropriate:
(1) To improve communication
between representatives of labor and
management;
(2) To provide workers and employers
with opportunities to study and explore
new and innovative joint approaches to
achieving organizational effectiveness;
(3) To assist workers and employers
in solving problems of mutual concern
not susceptible to resolution within the
collective bargaining process;
(4) To study and explore ways of
eliminating potential problems which
reduce the competitiveness and inhibit
the economic development of the
company/plant, area, or industry;
(5) To enhance the involvement of
workers in making decisions that affect
their working lives;
(6) To expand and improve working
relationships between workers and
managers; and
(7) To encourage free collective
bargaining by establishing continuing
mechanisms for communication
between employers and their employees
through Federal assistance in the
formation and operation of labormanagement committees.
The primary objective of this program
is to encourage and support the
establishment and operation of joint
labor-management committees to carry
out specific objectives that meet the
aforementioned general criteria. The
term ‘‘labor’’ refers to employees
represented by a labor organization and
covered by a formal collective
bargaining agreement. These committees
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may be found at the plant (company),
area, industry, or public sector levels.
A plant or company committee is
generally characterized as restricted to
one or more organizational or
productive units operated by a single
employer. An area committee is
generally composed of multiple
employers of diverse industries as well
as multiple labor unions operating
within and focusing upon a particular
city, county, contiguous multicounty, or
statewide jurisdiction.
An industry committee generally
consists of a collection of agencies or
enterprises and related labor union(s)
producing a common product or service
in the private sector on a local, state,
regional, or nationwide level. A public
sector committee consists of government
employees and managers in one or more
units of a local or state government,
managers and employees of public
institutions of higher education, or of
employees and managers of public
elementary and secondary schools.
Those employees must be covered by a
formal collective bargaining agreement
or other enforceable labor-management
agreement. In deciding whether an
application is for an area or industry
committee, consideration should be
given to the above definitions as well as
to the focus of the committee.
In FY2009, competition will be open
to company/plant, area, private
industry, and public sector committees.
Special consideration will be given to
committee applications involving
innovative or unique efforts. All
application budget requests should
focus directly on supporting the
committee. Applicants should avoid
seeking funds for activities that are
clearly available under other Federal
programs (e.g., job training, mediation of
contract disputes, etc.).
Required Program Elements
1. Problem Statement—The
application should have numbered
pages and discuss in detail what
specific problem(s) face the company/
plant, area, government, or industry and
its workforce that will be addressed by
the committee. Applicants must
document the problem(s) using as much
relevant data as possible and discuss the
full range of impacts these problem(s)
could have or are having on the
company/plant, government, area, or
industry. An industrial or economic
profile of the area and workforce might
prove useful in explaining the
problem(s). This section basically
discusses WHY the effort is needed.
2. Results or Benefits Expected—By
using specific goals and objectives, the
application must discuss in detail
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WHAT the labor-management
committee will accomplish during the
life of the grant. Applications that
promise to provide objectives after a
grant is awarded will receive little or no
credit in this area. While a goal of
‘‘improving communication between
employers and employees’’ may suffice
as one over-all goal of a project, the
objectives must, whenever possible, be
expressed in specific and measurable
terms. Applicants should focus on the
outcome, impacts or changes that the
committee’s efforts will have. Existing
committees should focus on expansion
efforts/results expected from FMCS
funding. The goals, objectives, and
projected impacts will become the
foundation for future monitoring and
evaluation efforts of the grantee, as well
as the FMCS grants program.
3. Approach—This section of the
application specifies HOW the goals and
objectives will be accomplished. At a
minimum, the following elements must
be included in all grant applications:
(a) A discussion of the strategy the
committee will employ to accomplish
its goals and objectives;
(b) A listing, by name and title, of all
existing or proposed members of the
labor-management committee. The
application should also offer a rationale
for the selection of the committee
members (e.g., members represent 70%
of the area or company/plant
workforce).
(c) A discussion of the number, type,
and role of all committee staff persons.
Include proposed position descriptions
for all staff that will have to be hired as
well as resumes for staff already on
board; noting, that grant funds may not
be used to pay for existing employees;
an assurance that grant funds will not be
used to pay for existing employees;
(d) In addressing the proposed
approach, applicants must also present
their justification as to why Federal
funds are needed to implement the
proposed approach;
(e) A statement of how often the
committee will meet (we require
meetings at least every other month) as
well as any plans to form subordinate
committees for particular purposes; and
(f) For applications from existing
committees, a discussion of past efforts
and accomplishments and how they
would integrate with the proposed
expanded effort.
4. Major Milestones—This section
must include an implementation plan
that indicates what major steps,
operating activities, and objectives will
be accomplished as well as a timetable
for WHEN they will be finished. A
milestone chart must be included that
indicates what specific
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accomplishments (process and impact)
will be completed by month over the
life of the grant using ‘‘month one’’ as
the start date. The accomplishment of
these tasks and objectives, as well as
problems and delays therein, will serve
as the basis for quarterly progress
reports to FMCS.
Applicants must prepare their budget
narrative and milestone chart using a
start date of ‘‘month one’’ and an end
date of ‘‘month twelve’’ or ‘‘month
eighteen’’, as appropriate. Thus, if
applicant is seeking a twelve month
grant, use figures reflecting month one
through twelve. If applicant is seeking
an eighteen month grant, use figures
reflecting month one through eighteen.
If the grant application is funded; FMCS
will identify the start and end date of
the grant on the Application for Federal
Assistance (SF–424) form.
5. Evaluation—Applicants must
provide for either an external evaluation
or an internal assessment of the project’s
success in meeting its goals and
objectives. An evaluation plan must be
developed which briefly discusses what
basic questions or issues the assessment
will examine and what baseline data the
committee staff already has or will
gather for the assessment. This section
should be written with the application’s
own goals and objectives clearly in
mind and the impacts or changes that
the effort is expected to cause.
6. Letters of Commitment—
Applications must include current
letters of commitment from all proposed
or existing committee participants and
chairpersons. These letters should
indicate that the participants support
the application and will attend all
scheduled committee meetings. A
blanket letter signed by a committee
chairperson or other official on behalf of
all members is not acceptable. We
encourage the use of individual letters
submitted on company or union
letterhead represented by the
individual. The letters should match the
names provided under Section 3(b).
7. Other Requirements—Applicants
are also responsible for the following:
(a) The submission of data indicating
approximately how many employees
will be covered or represented through
the labor-management committee;
(b) From existing committees, a copy
of the existing staffing levels, a copy of
the by-laws (if any), a breakout of
annual operating costs and
identification of all sources and levels of
current financial support;
(c) A detailed budget narrative that
clearly identifies each line item and the
estimated cost (a complete breakdown
of each line item) based on policies and
procedures contained in the FMCS
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Financial and Administrative Grants
Manual;
(d) An assurance that the labormanagement committee will not
interfere with any collective bargaining
agreements;
(e) An assurance that committee
meetings will be held at least every
other month and that written minutes of
all committee meetings will be prepared
and made available to FMCS; and
(f) An assurance that the maximum
rate for an individual consultant paid
from grant project can be no more than
$950 for an eight-hour-day. The day
includes preparation, evaluation and
travel time. Also, time and effort records
must be maintained.
Selection Criteria
The following criteria will be used in
the scoring and selection of applications
for award:
(1) The extent to which the
application has clearly identified the
problems and justified the needs that
the proposed project will address.
(2) The degree to which appropriate
and measurable goals and objectives
have been developed to address the
problems/needs of the applicant.
(3) The feasibility of the approach
proposed to attain the goals and
objectives of the project and the
perceived likelihood of accomplishing
the intended project results. This
section will also address the degree of
innovativeness or uniqueness of the
proposed effort.
(4) The appropriateness of committee
membership and the degree of
commitment of these individuals to the
goals of the application as indicated in
the letters of support.
(5) The feasibility and thoroughness
of the implementation plan in
specifying major milestones and target
dates.
(6) The cost effectiveness and fiscal
soundness of the application’s budget
request, as well as the application’s
feasibility vis-a-vis its goals and
approach.
(7) The overall feasibility of the
proposed project in light of all of the
information presented for consideration;
and
(8) The value to the government of the
application in light of the overall
objectives of the Labor-Management
Cooperation Act of 1978. This includes
such factors as innovativeness, site
location, cost, and other qualities that
impact upon an applicant’s value in
encouraging the labor-management
committee concept.
C. Eligibility
Eligible grantees include state and
local units of government, labor-
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management committees (or a labor
union, management association, or
company on behalf of a committee that
will be created through the grant), and
certain third-party private non-profit
entities on behalf of one or more
committees to be created through the
grant. Federal government agencies and
their employees are not eligible.
Third-party private, non-profit
entities that can document that a major
purpose or function of their
organization is the improvement of
labor relations are eligible to apply.
However, all funding must be directed
to the functioning of the labormanagement committee, and all
requirements under Part B must be
followed. Applications from third-party
entities must document particularly
strong support and participation from
all labor and management parties with
whom the applicant will be working.
Applications from third-parties which
do not directly support the operation of
a new or expanded committee will not
be deemed eligible, nor will
applications signed by entities such as
law firms or other third-parties failing to
meet the above criteria.
Successful grantees will be bound by
OMB Circular 110 i.e. ‘‘contractors that
develop or draft specifications,
requirements, statements of work, and
invitations for bids and/or requests for
proposals shall be excluded (emphasis
added from competing for such
procurements).
Applicants who received funding
under this program in the last 6 years
for committee operations are not eligible
to re-apply. The only exception will be
made for grantees that seek funds on
behalf of an entirely different committee
whose efforts are totally outside of the
scope of the original grant.
D. Allocations
The FY2009 appropriation for this
program is $650,000. The Grant Review
Board will review submissions and
make recommendations for awards
based on merit without regard to
category.
In addition, to the competitive
process identified in the preceding
paragraph, FMCS will subject to funds
availability, set aside a sum not to
exceed thirty percent of its non-reserved
appropriation to be awarded on a noncompetitive basis. These funds will be
used only to support applications that
have been solicited by the Director of
the Service and are not subject to the
dollar range noted in Section E. All
funds returned to FMCS from a
competitive grant award may be
awarded on a non-competitive basis in
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accordance with budgetary
requirements.
E. Dollar Range and Length of Grants
Awards to expand existing or
establish new labor-management
committees will be for a period of up to
18 months. If successful progress is
made during this initial budget period
and all grant funds are not obligated
within the specified period, these grants
may, at the discretion of FMCS, be
extended for up to six months.
The dollar range of awards is as
follows:
—Up to $65,000 over a period of up to
18 months for company/plant
committees or single department
public sector applicants;
—Up to $125,000 per 18-month period
for area, industry, and multidepartment public sector committee
applicants.
Additionally, FMCS reserves the right
under special conditions to award
supplemental (continuation) grants
subject to funds availability. If awarded
the additional amount is added to the
current grant amount.
Applicants are reminded that these
figures represent maximum Federal
funds only. If total costs to accomplish
the objectives of the application exceed
the maximum allowable Federal
funding level and its required grantee
match, applicants may supplement
these funds through voluntary
contributions from other sources.
Applicants are also strongly encouraged
to consult with their local or regional
FMCS field office to determine what
kinds of training may be available at no
cost before budgeting for such training
in their applications. A list of our field
leadership team and their phone
numbers may be obtained from the
FMCS Web site (https://www.fmcs.gov)
under ‘‘Who We Are’’.
F. Cash Match Requirements and Cost
Allowability
All applicants must provide at least
10 percent of the total allowable project
costs in cash. Matching funds may come
from state or local government sources
or private sector contributions, but may
not include other Federal funds. Funds
generated by grant-supported efforts are
considered ‘‘project income,’’ and may
not be used for matching purposes.
It is the policy of this program to
reject all requests for indirect or
overhead costs as well as ‘‘in-kind’’
match contributions. In addition, grant
funds must not be used to supplant
private or local/state government funds
currently spent for committee purposes.
Funding requests from existing
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11951
committees should focus entirely on the
costs associated with the expansion
efforts. Also, under no circumstances
may business or labor officials
participating on a labor-management
committee be compensated out of grant
funds for time spent at committee
meetings or time spent in committee
training sessions. Applicants generally
will not be allowed to claim all or a
portion of existing full-time staff as an
expense or match contribution. For a
more complete discussion of cost
allowability, applicants are encouraged
to consult the FY2009 FMCS Financial
and Administrative Grants Manual,
which will be included in the
application kit.
G. Application Submission and Review
Process
The Application for Federal
Assistance (SF–424) form must be
signed by both a labor and management
representative. In lieu of signing the SF–
424 form, representatives may type their
name, title, and organization on plain
bond paper with a signature line signed
and dated, in accordance with block 18
of the SF–424 form. The individual
listed as contact person in block 6 on
the application form will generally be
the only person with whom FMCS will
communicate during the application
review process. Please be sure that
person is available once the application
has been submitted. Additionally, it is
the applicant’s responsibility to notify
FMCS in writing of any changes (e.g. if
the address or contact person has
changed).
We will accept applications beginning
May 1, 2009, and continue to do so until
August 15, 2009, or until all FY2009
grant funds are obligated. Awards will
be made by September 30, 2009.
Proposals may be accepted at any time
between April 1, 2009 and August 15,
2009 but proposals received late in the
cycle have a greater risk of not being
funded due to unavailability of funds.
Once your application has been
received and acknowledged by FMCS,
no applications or supplementary
materials will be accepted thereafter.
Applicants are highly advised to contact
the FMCS Grants Program prior to
committing any resources to the
preparation of a proposal.
An original application containing
numbered pages, plus three copies,
should be addressed to the Federal
Mediation and Conciliation Service,
Labor-Management Grants Program,
2100 K Street, NW., Washington, DC
20427. FMCS will not consider
videotaped submissions or video
attachments to submissions. FMCS will
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confirm receipt of all applications
within 10 days thereof.
All eligible applications will be
reviewed and scored by a Grant Review
Board. The Board(s) will recommend
selected applications for rejection or
further funding consideration. The
Director or his/her designee will finalize
the scoring and selection process. All
FY2009 grant applicants will be notified
of results and all grant awards will be
made by September 30, 2009.
Applications that fail to adhere to
eligibility or other major requirements
will be administratively rejected by the
Director or his/her designee.
H. Contact
Individuals wishing to apply for
funding under this program should
contact the Federal Mediation and
Conciliation Service as soon as possible
to obtain an application kit. Please
consult the FMCS Web site (https://
www.fmcs.gov) to download forms and
information. These kits and additional
information or clarification can be
obtained free of charge by contacting the
Federal Mediation and Conciliation
Service, Labor-Management Grants
Program, 2100 K Street, NW.,
Washington, DC 20427, Linda Stubbs at
(202) 606–8181 (lstubbs@fmcs.gov).
Please consult the FMCS Web site
(https://www.fmcs.gov) to download
forms and information.
Fran Leonard,
Chief Financial Officer, Federal Mediation
and Conciliation Service.
[FR Doc. E9–6042 Filed 3–19–09; 8:45 am]
BILLING CODE 6732–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
SUMMARY: The information collection
requirements described below will be
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend
through May 31, 2012, the current PRA
clearance for information collection
requirements contained in its
Telemarketing Sales Rule (‘‘TSR’’ or
‘‘Rule’’). On November 26, 2008, OMB
granted the FTC’s request for a shortterm extension of this clearance to May
31, 2009, which focused on recent
amendments to the Rule.
VerDate Nov<24>2008
17:07 Mar 19, 2009
Jkt 217001
DATES: Comments must be received on
or before May 19, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to
‘‘Telemarketing Sales Rule: FTC File No.
P994414’’ to facilitate the organization
of comments. Please note that your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including on
the publicly accessible FTC website, at
(https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential. . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
secure.commentworks.com/ftc-TSRPRA)
(and following the instructions on the
web-based form). To ensure that the
Commission considers an electronic
comment, you must file it on the webbased form at the weblink (https://
secure.commentworks.com/ftcTSRPRA). If this Notice appears at
(https://www.regulations.gov/search/
index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
1 FTC Rule 4.2(d), 16 CFR 4.2(d). The comment
must be accompanied by an explicit request for
confidential treatment, including the factual and
legal basis for the request, and must identify the
specific portions of the comment to be withheld
from the public record. The request will be granted
or denied by the Commission’s General Counsel,
consistent with applicable law and the public
interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at https://www.ftc.gov to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Telemarketing
Sales Rule: FTC File No. P994414’’
reference both in the text and on the
envelope, and should be mailed or
delivered to the following address:
Federal Trade Commission, Office of the
Secretary, Room H-135 (Annex J), 600
Pennsylvania Avenue, NW, Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
website. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
requirements should be sent to Craig
Tregillus, Attorney, Division of
Marketing Practices, Bureau of
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Ave.,
N.W., Room H-238, Washington, D.C.
20580, (202) 326-2970.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501-3521, federal
agencies must obtain approval from
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ means agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
3502(3); 5 CFR 1320.3(c). As required by
section 3506(c)(2)(A) of the PRA, the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing paperwork
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11948-11952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6042]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MEDIATION AND CONCILIATION SERVICE
Labor Management Cooperation Act of 1978 (Pub. L. 95-524)
AGENCY: Federal Mediation and Conciliation Service.
[[Page 11949]]
ACTION: Request for Public Comment on Draft Fiscal Year 2009, Program
Guidelines/Application Solicitation for Labor-Management Committees.
-----------------------------------------------------------------------
SUMMARY: The Federal Mediation and Conciliation Service (FMCS) is
publishing a draft Fiscal Year 2009 Program Guidelines/Application
Solicitation for the Labor-Management Cooperation Program. The program
is supported by Federal funds authorized by the Labor-Management
Cooperation Act of 1978, subject to annual appropriations. This
solicitation contains a change in the deadline for accepting
applications.
DATES: Written comments must be submitted to the office listed in the
address section below within 30 days from the date of this publication
in the Federal Register.
ADDRESSES: Michael Bartlett Federal Register Liaison, Federal Mediation
and Conciliation Service, 2100 K Street, NW., Washington, DC 20427.
Comments may be submitted by fax at (202) 606-5345 or electronic mail
(e-mail) to mbartlett@fmcs.gov.
FOR FURTHER INFORMATION CONTACT: Linda Stubbs, Grants Management
Specialist, FMCS 2100 K Street, NW., Washington, DC 20427. Telephone
number 202-606-8181, e-mail to lstubbs@fmcs.gov or fax at (202) 606-
3434.
Federal Mediation Conciliation Service Labor-Management Cooperation
Program Application Solicitation for Labor-Management Committees FY2009
A. Introduction
The following is the draft Solicitation for the Fiscal Year (FY)
2009 cycle of the Labor-Management Cooperation Program as it pertains
to the support of labor-management committees. These guidelines
represent the continuing efforts of the Federal Mediation and
Conciliation Service to implement the provisions of the Labor-
Management Cooperation Act of 1978, which was initially implemented in
FY1981. The Act authorizes FMCS to provide assistance in the
establishment and operation of company/plant, area, public sector, and
industry-wide labor-management committees which:
(A) Have been organized jointly by employers and labor
organizations representing employees in that company/plant, area,
government agency, or industry; and
(B) Are established for the purpose of improving labor-management
relationships, job security, and organizational effectiveness;
enhancing economic development; or involving workers in decisions
affecting their working lives, including improving communication with
respect to subjects of mutual interest and concern.
The Program Description and other sections that follow, as well as
a separately published FMCS Financial and Administrative Grants Manual,
make up the basic guidelines, criteria, and program elements a
potential applicant for assistance under this program must know in
order to develop an application for funding consideration for either a
company/plant, area-wide, industry, or public sector labor-management
committee. Directions for obtaining an application kit may be found in
Section H. A copy of the Labor-Management Cooperation Act of 1978,
included in the application kit, should be reviewed in conjunction with
this solicitation.
B. Program Description
Objectives
The Labor-Management Cooperation Act of 1978 identifies the
following seven general areas for which financial assistance would be
appropriate:
(1) To improve communication between representatives of labor and
management;
(2) To provide workers and employers with opportunities to study
and explore new and innovative joint approaches to achieving
organizational effectiveness;
(3) To assist workers and employers in solving problems of mutual
concern not susceptible to resolution within the collective bargaining
process;
(4) To study and explore ways of eliminating potential problems
which reduce the competitiveness and inhibit the economic development
of the company/plant, area, or industry;
(5) To enhance the involvement of workers in making decisions that
affect their working lives;
(6) To expand and improve working relationships between workers and
managers; and
(7) To encourage free collective bargaining by establishing
continuing mechanisms for communication between employers and their
employees through Federal assistance in the formation and operation of
labor-management committees.
The primary objective of this program is to encourage and support
the establishment and operation of joint labor-management committees to
carry out specific objectives that meet the aforementioned general
criteria. The term ``labor'' refers to employees represented by a labor
organization and covered by a formal collective bargaining agreement.
These committees may be found at the plant (company), area, industry,
or public sector levels.
A plant or company committee is generally characterized as
restricted to one or more organizational or productive units operated
by a single employer. An area committee is generally composed of
multiple employers of diverse industries as well as multiple labor
unions operating within and focusing upon a particular city, county,
contiguous multicounty, or statewide jurisdiction.
An industry committee generally consists of a collection of
agencies or enterprises and related labor union(s) producing a common
product or service in the private sector on a local, state, regional,
or nationwide level. A public sector committee consists of government
employees and managers in one or more units of a local or state
government, managers and employees of public institutions of higher
education, or of employees and managers of public elementary and
secondary schools. Those employees must be covered by a formal
collective bargaining agreement or other enforceable labor-management
agreement. In deciding whether an application is for an area or
industry committee, consideration should be given to the above
definitions as well as to the focus of the committee.
In FY2009, competition will be open to company/plant, area, private
industry, and public sector committees. Special consideration will be
given to committee applications involving innovative or unique efforts.
All application budget requests should focus directly on supporting the
committee. Applicants should avoid seeking funds for activities that
are clearly available under other Federal programs (e.g., job training,
mediation of contract disputes, etc.).
Required Program Elements
1. Problem Statement--The application should have numbered pages
and discuss in detail what specific problem(s) face the company/plant,
area, government, or industry and its workforce that will be addressed
by the committee. Applicants must document the problem(s) using as much
relevant data as possible and discuss the full range of impacts these
problem(s) could have or are having on the company/plant, government,
area, or industry. An industrial or economic profile of the area and
workforce might prove useful in explaining the problem(s). This section
basically discusses WHY the effort is needed.
2. Results or Benefits Expected--By using specific goals and
objectives, the application must discuss in detail
[[Page 11950]]
WHAT the labor-management committee will accomplish during the life of
the grant. Applications that promise to provide objectives after a
grant is awarded will receive little or no credit in this area. While a
goal of ``improving communication between employers and employees'' may
suffice as one over-all goal of a project, the objectives must,
whenever possible, be expressed in specific and measurable terms.
Applicants should focus on the outcome, impacts or changes that the
committee's efforts will have. Existing committees should focus on
expansion efforts/results expected from FMCS funding. The goals,
objectives, and projected impacts will become the foundation for future
monitoring and evaluation efforts of the grantee, as well as the FMCS
grants program.
3. Approach--This section of the application specifies HOW the
goals and objectives will be accomplished. At a minimum, the following
elements must be included in all grant applications:
(a) A discussion of the strategy the committee will employ to
accomplish its goals and objectives;
(b) A listing, by name and title, of all existing or proposed
members of the labor-management committee. The application should also
offer a rationale for the selection of the committee members (e.g.,
members represent 70% of the area or company/plant workforce).
(c) A discussion of the number, type, and role of all committee
staff persons. Include proposed position descriptions for all staff
that will have to be hired as well as resumes for staff already on
board; noting, that grant funds may not be used to pay for existing
employees; an assurance that grant funds will not be used to pay for
existing employees;
(d) In addressing the proposed approach, applicants must also
present their justification as to why Federal funds are needed to
implement the proposed approach;
(e) A statement of how often the committee will meet (we require
meetings at least every other month) as well as any plans to form
subordinate committees for particular purposes; and
(f) For applications from existing committees, a discussion of past
efforts and accomplishments and how they would integrate with the
proposed expanded effort.
4. Major Milestones--This section must include an implementation
plan that indicates what major steps, operating activities, and
objectives will be accomplished as well as a timetable for WHEN they
will be finished. A milestone chart must be included that indicates
what specific accomplishments (process and impact) will be completed by
month over the life of the grant using ``month one'' as the start date.
The accomplishment of these tasks and objectives, as well as problems
and delays therein, will serve as the basis for quarterly progress
reports to FMCS.
Applicants must prepare their budget narrative and milestone chart
using a start date of ``month one'' and an end date of ``month twelve''
or ``month eighteen'', as appropriate. Thus, if applicant is seeking a
twelve month grant, use figures reflecting month one through twelve. If
applicant is seeking an eighteen month grant, use figures reflecting
month one through eighteen. If the grant application is funded; FMCS
will identify the start and end date of the grant on the Application
for Federal Assistance (SF-424) form.
5. Evaluation--Applicants must provide for either an external
evaluation or an internal assessment of the project's success in
meeting its goals and objectives. An evaluation plan must be developed
which briefly discusses what basic questions or issues the assessment
will examine and what baseline data the committee staff already has or
will gather for the assessment. This section should be written with the
application's own goals and objectives clearly in mind and the impacts
or changes that the effort is expected to cause.
6. Letters of Commitment--Applications must include current letters
of commitment from all proposed or existing committee participants and
chairpersons. These letters should indicate that the participants
support the application and will attend all scheduled committee
meetings. A blanket letter signed by a committee chairperson or other
official on behalf of all members is not acceptable. We encourage the
use of individual letters submitted on company or union letterhead
represented by the individual. The letters should match the names
provided under Section 3(b).
7. Other Requirements--Applicants are also responsible for the
following:
(a) The submission of data indicating approximately how many
employees will be covered or represented through the labor-management
committee;
(b) From existing committees, a copy of the existing staffing
levels, a copy of the by-laws (if any), a breakout of annual operating
costs and identification of all sources and levels of current financial
support;
(c) A detailed budget narrative that clearly identifies each line
item and the estimated cost (a complete breakdown of each line item)
based on policies and procedures contained in the FMCS Financial and
Administrative Grants Manual;
(d) An assurance that the labor-management committee will not
interfere with any collective bargaining agreements;
(e) An assurance that committee meetings will be held at least
every other month and that written minutes of all committee meetings
will be prepared and made available to FMCS; and
(f) An assurance that the maximum rate for an individual consultant
paid from grant project can be no more than $950 for an eight-hour-day.
The day includes preparation, evaluation and travel time. Also, time
and effort records must be maintained.
Selection Criteria
The following criteria will be used in the scoring and selection of
applications for award:
(1) The extent to which the application has clearly identified the
problems and justified the needs that the proposed project will
address.
(2) The degree to which appropriate and measurable goals and
objectives have been developed to address the problems/needs of the
applicant.
(3) The feasibility of the approach proposed to attain the goals
and objectives of the project and the perceived likelihood of
accomplishing the intended project results. This section will also
address the degree of innovativeness or uniqueness of the proposed
effort.
(4) The appropriateness of committee membership and the degree of
commitment of these individuals to the goals of the application as
indicated in the letters of support.
(5) The feasibility and thoroughness of the implementation plan in
specifying major milestones and target dates.
(6) The cost effectiveness and fiscal soundness of the
application's budget request, as well as the application's feasibility
vis-a-vis its goals and approach.
(7) The overall feasibility of the proposed project in light of all
of the information presented for consideration; and
(8) The value to the government of the application in light of the
overall objectives of the Labor-Management Cooperation Act of 1978.
This includes such factors as innovativeness, site location, cost, and
other qualities that impact upon an applicant's value in encouraging
the labor-management committee concept.
C. Eligibility
Eligible grantees include state and local units of government,
labor-
[[Page 11951]]
management committees (or a labor union, management association, or
company on behalf of a committee that will be created through the
grant), and certain third-party private non-profit entities on behalf
of one or more committees to be created through the grant. Federal
government agencies and their employees are not eligible.
Third-party private, non-profit entities that can document that a
major purpose or function of their organization is the improvement of
labor relations are eligible to apply. However, all funding must be
directed to the functioning of the labor-management committee, and all
requirements under Part B must be followed. Applications from third-
party entities must document particularly strong support and
participation from all labor and management parties with whom the
applicant will be working. Applications from third-parties which do not
directly support the operation of a new or expanded committee will not
be deemed eligible, nor will applications signed by entities such as
law firms or other third-parties failing to meet the above criteria.
Successful grantees will be bound by OMB Circular 110 i.e.
``contractors that develop or draft specifications, requirements,
statements of work, and invitations for bids and/or requests for
proposals shall be excluded (emphasis added from competing for such
procurements).
Applicants who received funding under this program in the last 6
years for committee operations are not eligible to re-apply. The only
exception will be made for grantees that seek funds on behalf of an
entirely different committee whose efforts are totally outside of the
scope of the original grant.
D. Allocations
The FY2009 appropriation for this program is $650,000. The Grant
Review Board will review submissions and make recommendations for
awards based on merit without regard to category.
In addition, to the competitive process identified in the preceding
paragraph, FMCS will subject to funds availability, set aside a sum not
to exceed thirty percent of its non-reserved appropriation to be
awarded on a non-competitive basis. These funds will be used only to
support applications that have been solicited by the Director of the
Service and are not subject to the dollar range noted in Section E. All
funds returned to FMCS from a competitive grant award may be awarded on
a non-competitive basis in accordance with budgetary requirements.
E. Dollar Range and Length of Grants
Awards to expand existing or establish new labor-management
committees will be for a period of up to 18 months. If successful
progress is made during this initial budget period and all grant funds
are not obligated within the specified period, these grants may, at the
discretion of FMCS, be extended for up to six months.
The dollar range of awards is as follows:
--Up to $65,000 over a period of up to 18 months for company/plant
committees or single department public sector applicants;
--Up to $125,000 per 18-month period for area, industry, and multi-
department public sector committee applicants.
Additionally, FMCS reserves the right under special conditions to
award supplemental (continuation) grants subject to funds availability.
If awarded the additional amount is added to the current grant amount.
Applicants are reminded that these figures represent maximum
Federal funds only. If total costs to accomplish the objectives of the
application exceed the maximum allowable Federal funding level and its
required grantee match, applicants may supplement these funds through
voluntary contributions from other sources. Applicants are also
strongly encouraged to consult with their local or regional FMCS field
office to determine what kinds of training may be available at no cost
before budgeting for such training in their applications. A list of our
field leadership team and their phone numbers may be obtained from the
FMCS Web site (https://www.fmcs.gov) under ``Who We Are''.
F. Cash Match Requirements and Cost Allowability
All applicants must provide at least 10 percent of the total
allowable project costs in cash. Matching funds may come from state or
local government sources or private sector contributions, but may not
include other Federal funds. Funds generated by grant-supported efforts
are considered ``project income,'' and may not be used for matching
purposes.
It is the policy of this program to reject all requests for
indirect or overhead costs as well as ``in-kind'' match contributions.
In addition, grant funds must not be used to supplant private or local/
state government funds currently spent for committee purposes. Funding
requests from existing committees should focus entirely on the costs
associated with the expansion efforts. Also, under no circumstances may
business or labor officials participating on a labor-management
committee be compensated out of grant funds for time spent at committee
meetings or time spent in committee training sessions. Applicants
generally will not be allowed to claim all or a portion of existing
full-time staff as an expense or match contribution. For a more
complete discussion of cost allowability, applicants are encouraged to
consult the FY2009 FMCS Financial and Administrative Grants Manual,
which will be included in the application kit.
G. Application Submission and Review Process
The Application for Federal Assistance (SF-424) form must be signed
by both a labor and management representative. In lieu of signing the
SF-424 form, representatives may type their name, title, and
organization on plain bond paper with a signature line signed and
dated, in accordance with block 18 of the SF-424 form. The individual
listed as contact person in block 6 on the application form will
generally be the only person with whom FMCS will communicate during the
application review process. Please be sure that person is available
once the application has been submitted. Additionally, it is the
applicant's responsibility to notify FMCS in writing of any changes
(e.g. if the address or contact person has changed).
We will accept applications beginning May 1, 2009, and continue to
do so until August 15, 2009, or until all FY2009 grant funds are
obligated. Awards will be made by September 30, 2009. Proposals may be
accepted at any time between April 1, 2009 and August 15, 2009 but
proposals received late in the cycle have a greater risk of not being
funded due to unavailability of funds. Once your application has been
received and acknowledged by FMCS, no applications or supplementary
materials will be accepted thereafter. Applicants are highly advised to
contact the FMCS Grants Program prior to committing any resources to
the preparation of a proposal.
An original application containing numbered pages, plus three
copies, should be addressed to the Federal Mediation and Conciliation
Service, Labor-Management Grants Program, 2100 K Street, NW.,
Washington, DC 20427. FMCS will not consider videotaped submissions or
video attachments to submissions. FMCS will
[[Page 11952]]
confirm receipt of all applications within 10 days thereof.
All eligible applications will be reviewed and scored by a Grant
Review Board. The Board(s) will recommend selected applications for
rejection or further funding consideration. The Director or his/her
designee will finalize the scoring and selection process. All FY2009
grant applicants will be notified of results and all grant awards will
be made by September 30, 2009. Applications that fail to adhere to
eligibility or other major requirements will be administratively
rejected by the Director or his/her designee.
H. Contact
Individuals wishing to apply for funding under this program should
contact the Federal Mediation and Conciliation Service as soon as
possible to obtain an application kit. Please consult the FMCS Web site
(https://www.fmcs.gov) to download forms and information. These kits and
additional information or clarification can be obtained free of charge
by contacting the Federal Mediation and Conciliation Service, Labor-
Management Grants Program, 2100 K Street, NW., Washington, DC 20427,
Linda Stubbs at (202) 606-8181 (lstubbs@fmcs.gov). Please consult the
FMCS Web site (https://www.fmcs.gov) to download forms and information.
Fran Leonard,
Chief Financial Officer, Federal Mediation and Conciliation Service.
[FR Doc. E9-6042 Filed 3-19-09; 8:45 am]
BILLING CODE 6732-01-P
