[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2509-2512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-472]



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FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1425


Mediation Assistance in the Federal Sector

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Final rule.

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SUMMARY: This final rule is published in order to renew Form F-53, 
Notice to Federal Mediation and Conciliation Service.
    Pursuant to the Paperwork Reduction Act (44 U.S.C. Chapter 35), the 
Federal Mediation and Conciliation Service submitted its final rule to 
the Office of Management and Budget (OMB) on November 2, 1994 and 
received its approval on November 23, 1994 for the use of F-53 through 
November 30, 1997.

EFFECTIVE DATE: February 9, 1995.

FOR FURTHER INFORMATION CONTACT: Eileen Hoffman, (202) 653-5305.

SUPPLEMENTARY INFORMATION: November 4, 1994, FMCS published a notice of 
proposed rulemaking in the Federal Register (59 FR 55268). This notice 
was published in order to extend FMCS Form F-53, which is used for 
notification of contract expirations or reopener in the Federal 
service, and to revise the text of 29 CFR 1425, which accompanies the 
illustration of Form F-53 in the agency's regulations (29 CFR 1425.2).
    Form F-53 is made available to assist Federal agencies and labor 
organizations to obtain FMCS services, as provided for in the Title 5 
U.S.C. Section 7119(a). The revision of Form F-53 allows parties to 
more clearly and accurately state the service requested and arranges 
information in a manner which aids in entry of data into FMCS computer 
records. The revised version of Form F-53 is shown below in this rule 
for purposes of identification.
    A summary of information pertaining to Form F-53 is as follows:
    Form number: FMCS F-53, OMB 3076-0005.
    Frequency: On occasion.
    Respondent: Parties to a Federal Sector dispute or grievance.
    Obligation: Voluntary.
    Binder: Approximately 600 responses per year; approximately 100 
reporting hours per year; approximately 15 minutes per response.
    Need and Use: The information is needed to advise FMCS of Federal 
Sector disputes pursuant to 29 CFR Part 1425 paragraph 1425.3. It is 
used in order to make assignments of cases to FMCS mediators.
    Comments: No comments were received on the proposed form as it is 
no change from existing form.

Executive Order 12291

    This rule is not a ``major rule'' under Executive Order 12291 
because it is not likely to result in (1) an annual effect on the 
economy of $100 million or more; (2) a major increase in costs or 
prices for consumers, individual industries, Federal, State or local 
government agencies, or geographic regions; or (3) a significant 
decline in productivity, innovation, or the ability of United States-
based enterprises to compete with foreign-based enterprises in domestic 
or export markets. Accordingly, no regulatory impact analysis is 
required.

Paperwork Reduction Act Notice

    The collection of information in this rule was submitted to the 
Office of Management and Budget under section 3504(h) of the Paperwork 
Reduction Act [44 U.S.C. 3501 et seq.]. Comments regarding any aspect 
of this information collection should be submitted to the Federal 
Mediation and Conciliation Service, 2100 K Street, NW., Washington, DC 
20427, Attention: Eileen B. Hoffman, and the Office of Management and 
Budget, Attention: Desk Officer for FMCS, OMB room 3001, Washington, DC 
20503.

Regulatory Flexibility Act Certification

    The FMCS finds that this rule will have no significant economic 
impact on a substantial number of small entities within the meaning of 
section 3(a) of the Regulatory Flexibility Act, Pub. L. 96-354, 94 
Stat. 1164 [5 U.S.C. 605(g)], and will so certify to the Chief Counsel 
for Advocacy of the Small Business Administration. This conclusion has 
been reached because the proposed rule does not, in itself, impose any 
additional economic requirements upon small entities. Accordingly, no 
regulatory flexibility analysis is required.

List of Subjects in 29 CFR Part 1425

    Administrative practice and procedure, collective bargaining, 
Labor- management relations.

    Dated: December 14, 1994.
John Calhoun Wells,
Director, FMCS.

    Accordingly, 29 CFR Part 1425 is amended as follows:

PART 1425--MEDIATION ASSISTANCE IN THE FEDERAL SERVICE

    1. The authority citation for 29 CFR Part 1425 is revised to read 
as follows:

    Authority: 5 U.S.C. 581(8), 7119, 7134.

    2. Section 1425.2 is revised to read as follows:


Sec. 1425.2  Notice to the Service of agreement negotiations.

    (a) In order that the Service may provide assistance to the 
parties, the party initiating negotiations shall file a notice with the 
FMCS Notice Processing Unit, 2100 K Street, N.W., Washington, D.C. 
20427, at least 30 days prior to the expiration or modification date of 
an existing agreement, or 30 days prior to the reopener date of an 
existing agreement. In the case of an initial agreement the notice 
shall be filed within 30 days after commencing negotiations.
    (b) Parties engaging in mid-term or impact and/or implementation 
bargaining are encouraged to send a notice to FMCS if assistance is 
desired. Such notice may be sent by either party or may be submitted 
jointly. In regard to such notices a brief listing should be general in 
nature e.g., smoking policies, or Alternative Work Schedules (AWS).
    (c) Parties requesting grievance mediation must send a request 
signed by both the union and the agency involved. Receipt of such 
request does [[Page 2510]] not commit FMCS to provide its services. 
FMCS has the discretion to determine whether or not to perform 
grievance mediation, as such service may not be appropriate in all 
cases.
    (d) The guidelines for FMCS grievance mediation are:
    (1) The parties shall submit a joint request, signed by both 
parties requesting FMCS assistance. The parties agree that grievance 
mediation is a supplement to, and not a substitute for, the steps of 
the contractual grievance procedure.
    (2) The grievant is entitled to be present at the grievance 
mediation conference.
    (3) Any times limits in the parties labor agreement must be waived 
to permit the grievance to proceed to arbitration should mediation be 
unsuccessful.
    (4) Proceedings before the mediator will be informal and rules of 
evidence do not apply. No record, stenographic or tape recordings of 
the meetings will be made. The mediators notes are confidential and 
content shall not be revealed.
    (5) The mediator shall conduct the mediation conference utilizing 
all of the customary techniques associated with mediation including the 
use of separate caucuses.
    (6) The mediator had no authority to compel resolution of the 
grievance.
    (7) In the event that no settlement is reached during the mediation 
conference, the mediator may provide the parties either in separate or 
joint session with an oral advisory opinion.
    (8) If either party does not accept an advisory opinion, the matter 
may then proceed to arbitration in the manner form provided in their 
collective bargaining agreement. Such arbitration hearings will be held 
as if the grievance mediation effort had not taken place. Nothing said 
or done by the parties or the mediator during the grievance mediation 
session can be used during arbitration proceedings.
    (9) When the parties choose the FMCS grievance mediation procedure, 
they have agreed to abide by these guidelines established by FMCS, and 
it is understood that the parties and the grievant shall hold FMCS and 
the mediator appointed by the Service to conduct the mediation 
conference harmless of any claim of damages arising from the mediation 
process.

                                                 BILLING CODE 6732-01-M
[[Page 2511]]

[GRAPHIC][TIFF OMITTED]TR10JA95.000



BILLING CODE 6732-01-C
[[Page 2512]]

Instructions

    Complete this form, please follow these instructions.
    In item # 1. Check the block and give the date if this is for an 
existing agreement or reopener. The FLRA Certification number should be 
provided if available. If not known, please leave this item blank. 
Absence of this number will not impede processing of the Form.
    In item #2. If other assistance in bargaining is requested please 
specify: e.g.; impact and implementation bargaining (I&I) and/or mid-
term bargaining and provide a brief listing of issues, e.g. Smoking, 
Alternative Work Schedules (AWS), ground rules, office moves, or if 
desired, add attached list. This is only if such issues are known at 
time of filing.
    In item #3. Please specify the issues to be considered for 
grievance mediation. Please refer to FMCS guidelines for processing 
these requests. Please make certain that both parties sign this 
request!
    In item #4. List the name of the agency, as follows: The 
Department, and the subdivision or component. For example: U.S. Dept. 
of Labor, BLS, or U.S. Dept. of Army, Aberdeen Proving Ground, or 
Illinois National Guard, Springfield Chapter. If an independent agency 
is involved, list the agency, e.g. Federal Deposit Insurance Corp. 
(FDIC) and any subdivision or component, if appropriate.
    In item #5. List the name of the union and its subdivision or 
component as follows: e.g. Federal Employees Union, Local 23 or 
Government Workers Union, Western Joint Council.
    In item #6. Provide the area where the negotiation or mediation 
will most likely take place, with zip code, e.g., Washington, D.C. 
20427. The zip code is important because our cases are routed by 
computer through zip code, and mediators are assigned on that basis.
    In item #7. Only the approximate number of employees in the 
bargaining unit and establishment are requested. The establishment is 
the entity referred to in item 4 as name of subdivision or component, 
if any.
    In item #8. The filing need only be sent by one party unless it is 
a request for grievance mediation. (See item 9.)
    In item #9. Please give the title of the official, phone number, 
address, and zip code.
    In item #10. Both labor and management signatures are required for 
grievance mediation requests.

Notice

    Send original to F.M.C.S.
    Send one copy to opposite party.
    Retain one copy for party filing notice.

[FR Doc. 95-472 Filed 1-9-95; 8:45 am]
BILLING CODE 6732-01-M