Labor Management Cooperation Act of 1978 (Pub. L. 95-524), 11948-11952 [E9-6042]

Download as PDF 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 VerDate Nov<24>2008 17:07 Mar 19, 2009 Jkt 217001 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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. E:\FR\FM\20MRN1.SGM 20MRN1 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 VerDate Nov<24>2008 17:07 Mar 19, 2009 Jkt 217001 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 11949 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 E:\FR\FM\20MRN1.SGM 20MRN1 11950 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 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 VerDate Nov<24>2008 17:07 Mar 19, 2009 Jkt 217001 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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- E:\FR\FM\20MRN1.SGM 20MRN1 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 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 VerDate Nov<24>2008 17:07 Mar 19, 2009 Jkt 217001 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 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20MRN1.SGM 20MRN1 11952 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 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]


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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
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