Federal Mediation and Conciliation Service – Federal Register Recent Federal Regulation Documents
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Notice of FMCS Convening Policy
The Federal Mediation and Conciliation Service (FMCS) is issuing this notice to inform the public of FMCS's intent to convene parties who are currently in a work stoppage.
Supplemental Standards of Ethical Conduct for Employees of the Federal Mediation and Conciliation Service
The Federal Mediation and Conciliation Service (FMCS), with the concurrence of the Office of Government Ethics (OGE), is issuing this final rule for FMCS employees. This rule supplements the Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) issued by OGE and is necessary because it addresses ethical issues unique to the FMCS. This rule sets forth prior approval requirements for certain outside employment and outside activities for all FMCS employees, other than special government employees.
FMCS Terms of Service
The Federal Mediation and Conciliation Service (FMCS) is issuing this final rule for FMCS clients. This rulemaking sets forth terms for FMCS's provision of services. This rulemaking further expounds upon confidentiality rules associated with FMCS's services.
Senior Executive Service Performance Review Board
The Federal Mediation and Conciliation Service (FMCS) is issuing this notice to inform the public of the names of the members of the Agency's Senior Executive Service (SES) Performance Review Board.
FMCS Terms of Service
The Federal Mediation and Conciliation Service (FMCS) is issuing this proposed rule for FMCS clients. This rulemaking sets forth terms for FMCS's provision of services. This rulemaking further expounds upon confidentiality rules associated with FMCS's services.
Succession Plan for the FMCS
The Federal Mediation and Conciliation Service (FMCS), is issuing this notice to inform the public of the succession plan for the Federal Mediation and Conciliation Service (FMCS) provided by the Director of FMCS. This notice supersedes all prior succession plans issued by the agency for officials performing the functions and duties of the Director of FMCS.
Notice of Fee Increase for Arbitration Services
The Federal Mediation and Conciliation Service (FMCS), is issuing this notice to inform the public that it will increase fees associated with its arbitration services.
Supplemental Standards of Ethical Conduct for Employees of the Federal Mediation and Conciliation Service
The Federal Mediation and Conciliation Service (FMCS), with the concurrence of the Office of Government Ethics (OGE), is issuing this proposed rule for FMCS employees. This rule supplements the Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) issued by OGE and is necessary because it addresses ethical issues unique to the FMCS. This rule sets forth prior approval requirements for certain outside employment and outside activities for all FMCS employees, other than special government employees.
Privacy Act of 1974; System of Records
To fulfill its conflict resolution and training mission, Federal Mediation and Conciliation Service (FMCS) uses Microsoft SharePoint, Microsoft Outlook, and a case records management system new to FMCS to enable mediators and managers to manage cases, manage reporting requirements, provide data for research and training, store recorded trainings and meetings, and collect information on Agency operations. The Agency's internal drives, SharePoint, Outlook, Cloud-based services such as Zoom.gov and Microsoft Teams, and a case records management system are used to store electronic case tracking information, electronic case files (including mediation agreements), and recorded meetings and trainings, permitting the accurate and timely collection, retrieval, and retention of information maintained by offices of the Agency. Inter-Agency Agreements (IAA), agreements for reimbursable services, and requests for mediation and training are also stored in these locations. IAAs and agreements for reimbursable services allow FMCS to provide requested services, such as training and labor dispute resolution, to other federal agencies. The notice amendment includes administrative updates to refine details published under summary, supplementary information, record source categories, routine uses, and the history section. These sections are amended to refine previously published information about the system of records. The dates, addresses, for further information contact, system name, security classification, system location, system manager, authority for maintenance of the system, purpose of the system, categories of individuals covered by the system, categories of records in the system, policies and practices for storage of records, policies and practices for retrieval of records, policies and procedures for retention and disposal of records, administrative safeguards, record access procedures, contesting records procedures, notification procedures, and exemptions promulgated remain unchanged. This amended SORN deletes and supersedes the SORN published in the Federal Register on March 16, 2022.
Code of Professional Conduct for Labor Mediators
The Federal Mediation and Conciliation Service (FMCS) hereby publishes this final rule on the decision to draft a new code of professional conduct for FMCS mediators.
Training Evaluation
FMCS requests evaluations from clients to create tailored training as well as post-training evaluations to continue to provide world-class training to all sectors.
Rescission of the Arbitration Policy; Schedule of Fees
On April 18, 2019, the Federal Mediation and Conciliation Service (FMCS) published a final rule amending the ``Arbitration Policy; Schedule of Fees'' to implement an increase in user fees. After careful review, FMCS finds that this rule is no longer suitable for publication. Therefore, this final rule rescinds the appendix regarding the Arbitration Policy; Schedule of Fees.
Rescission of the Code of Professional Conduct for Labor Mediators
On April 6, 1966, the Federal Mediation and Conciliation Service (FMCS) published a final rule adopting a Code of Professional Conduct for Labor Mediators. After careful review, FMCS finds that this rule is no longer suitable for publication. Therefore, this final rule rescinds the appendix regarding the Code of Professional Conduct for Labor Mediators.
Code of Professional Conduct for Labor Mediators
The Federal Mediation and Conciliation Service (FMCS) hereby publishes this notice of proposed rulemaking to solicit comments on the re-titling of this section and the decision to draft a new code of professional conduct for FMCS mediators.
Succession Plan for the FMCS
The Federal Mediation and Conciliation Service (FMCS), is issuing this notice to inform the public of the succession plan for the Federal Mediation and Conciliation Service (FMCS) provided by the Director of FMCS. This notice supersedes all prior succession plans issued by the agency for officials performing the functions and duties of the Director of FMCS.
Senior Executive Service Performance Review Board
The Federal Mediation and Conciliation Service (FMCS) is issuing this notice to inform the public of the names of the members of the Agency's Senior Executive Service (SES) Performance Review Board.
Training Evaluation
FMCS requests evaluations from clients to create tailored training as well as post-training evaluations to continue to provide world-class training to all sectors.
Federal Mediation and Conciliation Service Internal Reorganization
The Federal Mediation and Conciliation Service (FMCS) is issuing this notice to inform the public that FMCS has performed a reorganization to optimize client services, internal communications, and agency resources.
Request for Arbitration Panel
The Federal Mediation and Conciliation Service (FMCS), invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection request, Request for Arbitration Panel, FMCS Form R-43. This information collection request was previously approved by the Office of Management Budget (OMB) and FMCS is requesting a revision of a currently approved collection. The Request for Arbitration Panel, FMCS Form R-43, allows FMCS to comply with its statutory obligation pursuant to statute to make governmental facilities available for voluntary arbitration. To carry out this policy, FMCS have issued regulations which provide for the operation and maintenance of a roster of professional arbitrators. The arbitrators are private citizens, not employees of FMCS, and are paid by the parties for hearing and deciding the issues submitted under a collective bargaining agreement and in other circumstances. The Request for Arbitration Panel (FMCS Form R-43) is used by the parties, labor and management individually or jointly, to request that FMCS furnish a list of arbitrators.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Federal Mediation and Conciliation Service (FMCS) proposes to amend and reissue a current system of records notice, titled FMCS-0006, Ethics Records. The system will cover the Executive Branch Confidential Financial Disclosure Reports, and agency ethics guidance to employees and FMCS clients. The notice amendment includes significant updates to refine details published under the system manager, authority for maintenance of the system, the purpose, categories of individuals covered, categories of records, record source categories, routine uses, record access procedures, contesting records, and history. These sections are amended to refine previously published information about the system of records. The addresses, system name and number, security classification, system location, policies and practices for storage, policies and practices for retrieval, policies and practices for retention, administrative safeguards, notification procedures, and exemptions remain unchanged. This amended SORN deletes and supersedes the SORN published on the Federal Register on October 27, 2021.
Modification to FMCS Commercial Receivables Process
The Federal Mediation and Conciliation Service (FMCS), is issuing this notice to inform the public that it is modifying its commercial receivables process to require payment through Pay.gov. This requirement will enable FMCS to reduce check processing costs to the agency.
Notice of Stakeholder Survey for Qualitative Feedback on Agency Service Delivery
The Federal Mediation and Conciliation Service (FMCS), invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection request, Stakeholder Survey for Qualitative Feedback on Agency Service Delivery. This information collection request was previously approved by the Office of Management Budget (OMB) and FMCS is requesting a revision of a currently approved collection. This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery.
Privacy Act of 1974; System of Records
The Federal Mediation and Conciliation Service (FMCS) uses this system to process requests for arbitration panels, including payment for requests, to process annual fees for each arbitrator, to maintain a roster of qualified, private labor arbitrators to hear disputes arising under collective bargaining agreements, and provide fact finding and interest arbitration.
Arbitrators' Personal Data Questionnaire
The Federal Mediation and Conciliation Service (FMCS), invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection request, Arbitrator's Personal Data Questionnaire, (Agency Form R-22). This information collection request was previously approved by the Office of Management Budget (OMB) but has expired. FMCS is requesting a reinstatement without change. The Arbitrator's Personal Data Questionnaire, (Agency Form R-22), allows FMCS to comply with its statutory obligation pursuant to the statute, 29 U.S.C. 171(b), to make governmental facilities available for voluntary arbitration. To carry out this policy, FMCS have issued regulations, 29 CFR part 1404, which provide for the operation and maintenance of a roster of professional arbitrators. The arbitrators are private citizens, not employees of FMCS, and are paid by the parties for hearing and deciding the issues submitted under a collective bargaining agreement and in other circumstances. Applicants for listing on the roster submit an Arbitrator's Personal Data Questionnaire (Agency Form R-22) which is used by FMCS to evaluate their qualifications. This allows FMCS to be able to restrict its roster to qualified individuals only.
Arbitrator's Report and Fee Statement
The Federal Mediation and Conciliation Service (FMCS), invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection request, Arbitrator's Report and Fee Statement, (Agency Form R-19). This information collection request was previously approved by the Office of Management Budget (OMB) but has expired. FMCS is requesting a reinstatement without change. The Arbitrator's Report and Fee Statement, (Agency Form R-19), allows FMCS to comply with its statutory obligation pursuant to the statute, 29 U.S.C. 171(b), to make governmental facilities available for voluntary arbitration. To carry out this policy, FMCS have issued regulations, 29 CFR part 1404, which provide for the operation and maintenance of a roster of professional arbitrators. The Agency Form R-19, which arbitrators file with the Agency following each decision rendered, allows FMCS to monitor the work of the arbitrator and to collect arbitration information, such as median arbitrator fees and days spent on each case, for the Agency's annual report.
Privacy Act of 1974; System of Records
To fulfill its conflict resolution and training mission, Federal Mediation and Conciliation Service (FMCS) uses Microsoft SharePoint, Microsoft Outlook, and a case records management system new to FMCS to enable mediators and managers to manage cases, manage reporting requirements, provide data for research and training, store recorded trainings and meetings, and collect information on Agency operations. The Agency's internal drives, SharePoint, Outlook, Cloud- based services such as Zoom.gov and Microsoft Teams, and a case records management system are used to store electronic case tracking information, electronic case files (including mediation agreements), and recorded meetings and trainings, permitting the accurate and timely collection, retrieval, and retention of information maintained by offices of the Agency. Inter-Agency Agreements (IAA), agreements for reimbursable services, and requests for mediation and training are also stored in these locations. IAAs and agreements for reimbursable services allow FMCS to provide requested services, such as training and labor dispute resolution, to other federal agencies. The notice amendment includes administrative updates to refine details published under summary, dates, supplementary information, system name, system location, authority for maintenance of the system, purpose of the system, categories of individuals covered by the system, categories of records in the system, record source categories, routine uses, policies and practices for storage of records, policies and practices for retrieval of records, policies and practices for retention and disposal of records, administrative safeguards, record access procedures, and contesting records procedures. These sections are amended to refine previously published information about the system of records. The addresses, for further information contact, security classification, system location, system manager, notification procedures, exemptions promulgated, and history remain unchanged. This amended SORN deletes and supersedes the SORN published in the Federal Register on September 21, 2021.
Notice of Stakeholder Surveys for Facilitation and Other Purposes
FMCS invites the general public and other Federal Agencies to take this opportunity to comment on the surveys and other information FMCS will collect to inform the process and participants for its conflict prevention, management, and resolution services provided to Federal Agencies, particularly public policy mediations and facilitations that include participants external to the federal government.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Federal Mediation and Conciliation Service (FMCS) proposes to create a system of records notice, titled FMCS-0007, Public Health Emergency Records System. The system will include information that FMCS collects and maintains for applicants for employment, FMCS clients, and contractors who voluntarily provide information to FMCS in return for possible employment or enrollment in FMCS programs and/or activities that will respond to the Coronavirus Disease 2019 (COVID-19), a declared public health emergency, and other high-consequence public health threat requirements.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Federal Mediation and Conciliation Service (FMCS) proposes to amend and reissue a current system of records notice, titled FMCS-0005, Religious Accommodation System, with a change in title to Reasonable Accommodation System. The system will include information that FMCS collects and maintains for applicants for employment and federal employees who request and/or receive reasonable accommodations for medical or religious reasons. The notice amendment adds medical accommodations. It also includes administrative updates to refine details published under the summary, supplementary information, system name, authority for maintenance of the system, purpose of the system, categories of individuals covered by the system, categories of records in the system, record source categories, routine uses, policies and practices for storage of records, administrative safeguards, and record access procedures. These sections are amended to refine previously published information about the system of records. The addresses, for further information contact, system number, security classification, system location, system managers, policies and practices for retrieval of records, policies and practices for retention and disposal of records, contesting records, and notification procedures remain unchanged. This amended SORN deletes and supersedes the SORN published in Federal Register on October 27, 2021.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Federal Mediation and Conciliation Service (FMCS) proposes to create a system of records notice, titled FMCS-0006. The system will cover the Executive Branch Confidential Financial Disclosure Reports, and agency ethics guidance to employees.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Federal Mediation and Conciliation Service (FMCS) proposes to create a system of records notice, titled FMCS-0005, the Religious Accommodation System. The system will include the Religious Accommodation Form that can be completed by any employee.
Outside Employment, Business Activities, or Interests Regulation
On August 7, 1992, the Office of Government Ethics (OGE) published a final rule entitled ``Supplemental Agency Regulations'' requiring Federal agencies creating supplemental ethics regulations to submit such regulations to OGE for concurrence and joint issuance within their regulations. In accordance with ``Supplemental Agency Regulations,'' this final rule rescinds the current Federal Mediation and Conciliation Service (FMCS) supplemental ethics regulation ``Outside employment, business activities, or interests''.
Senior Executive Service Performance Review Board
Notice is hereby given of the names of the members of the Agency's SES Performance Review Board.
Production or Disclosure of Information
The Federal Mediation and Conciliation Service (FMCS) issues a final rule amending its existing regulations under the Freedom of Information Act (``FOIA'') to reflect amendments to the FOIA by the Freedom of Information Improvement Act of 2016 (the ``FOIA Improvement Act'').
Privacy Act of 1974; System of Records
To fulfill its conflict resolution and training mission, Federal Mediation and Conciliation Service (FMCS) uses Microsoft SharePoint, Microsoft Outlook, and a case records management system new to FMCS to enable mediators and managers to manage cases, manage reporting requirements, provide data for research and training, store recorded trainings and meetings, and collect information on Agency operations. The Agency's internal drives, SharePoint, email, Cloud- based services such as Zoom.gov and Microsoft Teams, and a case records management system are used to store electronic case tracking information, electronic case files (including mediation agreements), and recorded meetings and trainings, permitting the accurate and timely collection, retrieval, and retention of information maintained by offices of the Agency. Inter-Agency Agreements (IAA), agreements for reimbursable services, and requests for mediation and training are also stored in these locations. IAAs and agreements for reimbursable services allow FMCS to provide requested services, such as training and labor dispute resolution, to other federal agencies.
Notice to Mediation Agency
The Federal Mediation and Conciliation Service (FMCS), invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection request, Notice to Mediation Agency, (Agency Form F-7). This information collection request was previously approved by the Office of Management Budget (OMB) but has expired. FMCS is requesting a reinstatement without change. The Notice to Mediation Agency, (Agency Form F-7), allows parties to comply with their statutory obligation under the Labor Management Relations Act of 1947. The Agency Form F-7 also allows FMCS to receive these notices from parties to a collective bargaining agreement to comply with its statutory mandate to facilitate mediation.
Notice to Mediation Agency
The Federal Mediation and Conciliation Service (FMCS), issues a final rule amending its existing regulations to modify the submission method of information collection request, Notice to Mediation Agency, (Agency Form F-7) and remove the form titled ``Notice to Mediation Agencies.''
Privacy Act of 1974; System of Records
Federal Mediation and Conciliation Service (FMCS) uses photographs, biographies, and agency contact information of employees to provide background information to the public, for use by stakeholders in preparation for services, and for trainings and conferences. FMCS may also use these documents for internal agency events and communications.
Notice to Mediation Agency
The Federal Mediation and Conciliation Service (FMCS), hereby publishes notice of proposed rulemaking to solicit comments on the following modification to the submission method of information collection request, Notice to Mediation Agency, (Agency Form F-7). FMCS proposes to change its method of submission from mail-in to electronic submission. In addition, FMCS proposes to remove the language from the Form F-7.
Availability of Draft Strategic Plan and Request for Public Comment
The Federal Mediation and Conciliation Service (FMCS) announces the availability of its draft Strategic Plan for 2022-2026. The Government Performance and Results Act of 1993, as amended by the GPRA Modernization Act of 2010, requires that Federal Agencies solicit input from interested stakeholders when developing their Strategic Plans. Therefore, FMCS invites the general public and other Federal Agencies to take this opportunity to comment on FMCS's draft Strategic Plan.
Notice to Mediation Agency
The Federal Mediation and Conciliation Service (FMCS), invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection request, Notice to Mediation Agency, (Agency Form F-7). This information collection request was previously approved by the Office of Management Budget (OMB) but has expired. FMCS is requesting a reinstatement without change. The Notice to Mediation Agency, (Agency Form F-7), allows parties to comply with their statutory obligation under the Labor Management Relations Act of 1947. The Agency Form F-7 also allows FMCS to receive these notices from parties to a collective bargaining agreement to comply with its statutory mandate to facilitate mediation.
Recission of Federal Mediation and Conciliation Rule on Administrative Guidance
On April 20, 2020, the Federal Mediation and Conciliation Service (FMCS) published a final rule on administrative guidance implementing an Executive order entitled ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' and providing policy and requirements for issuing, modifying, withdrawing, and using guidance; and taking and responding to petitions about guidance. In accordance with the ``Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulation,'' issued by President Biden on January 20, 2021, this final rule rescinds FMCS's rule on guidance.
Privacy Act of 1974; System of Records
The Federal Mediation and Conciliation Service (FMCS) is establishing a new system of records for Freedom of Information Act records (FOIA) and Privacy Act records processing and a FOIA and Privacy Act information technology system new to FMCS that will enable requesters to submit, receive, and appeal their FOIA and Privacy Act requests and decisions via an online portal.
Notice of Succession Plan for the FMCS
This is notice of the succession plan for the Federal Mediation and Conciliation Service (FMCS) provided by the Director of FMCS at the request of the Federal Transition Coordinator at the General Services Administration and the Office of Management and Budget via OMB Memorandum M-20-33. This notice supersedes all prior succession plans for officials performing the functions and duties of the Director of FMCS.
Notice for a Collaboration Between Universities and the FMCS
As a policy initiative, FMCS is collaborating with colleges and universities to exchange alternative dispute resolution research and techniques.
Student Award Program Announcement
As a policy initiative, FMCS has created a student award program.
Senior Executive Service Performance Review Board
Notice is hereby given of the names of the members of the Agency's SES Performance Review Board.
Notice for a Collaboration Between Universities and the FMCS
As a policy initiative, FMCS is collaborating with college and universities to exchange alternative dispute resolution research and techniques.
Student Award Program Announcement
As a policy initiative, FMCS is creating a student award program.
Administrative Guidance
This final rule sets forth the Service's procedures governing the issuance of guidance documents as required by the Executive order titled ``Promoting the Rule of Law Through Improved Agency Guidance Documents''.
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