[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Notices]
[Pages 36880-36882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13037]


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FEDERAL MEDIATION AND CONCILIATION SERVICE


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Mediation and Conciliation Service (FMCS).

ACTION: Notice of Forms R-22, R-19, and F-7 submitted for revision, 
extension and review to the Office of Management and Budget.

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SUMMARY: This notice announces that three information collection 
requests contained in the Federal Mediation and Conciliation Service 
(FMCS) agency forms have come up for renewal. FMCS submitted to the 
Office of Management and Budget (OMB) a request for review of three 
FMCS forms: FMCS Arbitrator's Report and Fee Statement (Agency Form R-
19), the Arbitrator's Personal Data Questionnaire (Agency Form R-22), 
and the Notice to Mediation Agencies (Agency Form F-7). The request 
seeks OMB approval for a three-year expiration date of Forms R-19, R-22 
and F-7 until December 2005. FMCS is soliciting comments on specific 
aspects of the collections as described below.

DATES: Comments must be submitted within 60 days from the date of this 
publication in the Federal Register.

ADDRESSES: Submit written comments identified by the appropriate agency

[[Page 36881]]

form number by mail to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attn: Desk Office for the 
Federal Mediation and Conciliation Service, Room 10235, Washington, DC 
20503. Copies of complete agency forms may be obtained from the Office 
of Arbitration Services, Federal Mediation and Conciliation Service, 
2100 K Street, NW., Washington, DC 20427 or by contacting the person 
whose name appears under the section headed, FOR FURTHER INFORMATION 
CONTACT.
    Comments and may be submitted also by fax at (202) 606-3749 or 
electronic mail (e-mail) to [email protected]. All comments and data 
in electronic form must be identified by the appropriate agency form 
number. No confidential business information (CBI) should be submitted 
through e-mail.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of the information as 
``CBI''. Information so marked will not be disclosed but a copy of the 
comment that does contain CBI must be submitted for inclusion in the 
public record. FMCS may disclose information not marked confidential 
publicly without prior notice. All written comments will be available 
for inspection in Room 704 at the Washington, DC address above from 
8:30 am to 4:30 pm, Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Vella M. Traynham, Director of 
Arbitration Services, FMCS, 2100 K Street, NW., Washington, DC 20427. 
Telephone (202) 606-5111; Fax (202) 606-3749.

SUPPLEMENTARY INFORMATION: Copies of each of the agency forms are 
available from the Office of Arbitration Services and the Notice 
Processing Unit, by calling, faxing or writing, Ms. Vella M. Traynham 
at the address above. Please ask for the form by title and agency form 
number.

1. Information Collection Requests

    FMCS is seeking comments on the following Information Collection 
Requests (ICRs).
    Title: Arbitrator's Personal Data Questionnaire; Form R-22; OMB No. 
3076-001.
    Type of Request: Revision and extension of expiration date of a 
currently approved collection with change in the substance.
    Affected Entities: Parties affected by this information collection 
are individuals who apply for admission to the FMCS Roster of 
Arbitrators.
    Frequency: Individuals complete this form once, which is at the 
time of application to the FMCS roster of Arbitrators.
    Abstract: Title II of the Labor Management Relations Act of 1947 
(Pub. L. 90-101) as amended in 1959 (Pub. L. 86-257) and 1974 (Pub. L. 
93-360), states that it is the labor policy of the United States that 
``the settlement of issues between employers and employees through 
collective bargaining may be advanced by making available full and 
adequate governmental facilities for conciliation, mediation, and 
voluntary arbitration to encourage employers and representatives of 
their employees to reach and maintain agreements concerning rates of 
pay, hours, and working conditions, and to make all reasonable efforts 
to settle their differences by mutual agreement reached through 
conferences and collective bargaining or by such methods as may be 
provided for in any applicable agreement for the settlement of 
disputes.'' Under its regulations at 29 CFR part 1404, FMCS has 
established policies and procedures for its arbitration function 
dealing with all arbitrators listed on the FMCS Roster or Arbitrators, 
all applicants for listing on the Roster, and all person or parties 
seeking to obtain from FMCS either names or panels of names of 
arbitrators listed on the Roster in connection with disputes which are 
to be submitted to arbitration or fact-finding. FMCS strives to 
maintain the highest quality of dispute resolution experts on its 
roster. To ensure that purpose, it asks all candidates to complete an 
application form.
    The purpose of this collection is to gather information about 
applicants for inclusion in the FMCS Roster of Arbitrators. This 
questionnaire is needed in order that FMCS may select highly qualified 
individuals for the arbitrator roster. The respondents are private 
citizens who make application for appointment to FMCS Roster. This 
obligation is pursuant to 29 U.S.C. 171(b), 29 CFR part 1404. This 
notice is a request to revise the existing form, which is currently 
approved collection with change in the substance, but not in the method 
of collection.
    Burden Statement: The number of respondents is approximately 250 
individuals per year; the approximate number of individuals who request 
membership on the FMCS Roster. The time required to complete this 
questionnaire is approximately one hour. Each respondent is required to 
respond only once per application, and updating the information as 
necessary.
    Title: Arbitrator's Report and Fee Statement. Form R-19; OMB No. 
3076-0003, Expiration Date: November 30, 2001.
    Type of Request: Revision and extension of expiration date a 
currently approved collection with change in the substance.
    Affected Entities: Individual arbitrators who render decisions 
under FMCS arbitration policies and procedures.
    Abstract: Pursuant to 29 U.S.C. 171(b) and 29 CFR part 1404, FMCS 
assumes a responsibility to monitor the work of the arbitrators who 
serve on its roster. This is satisfied by requiring the completion and 
submission of a Report and Fee Statement, which indicates when the 
arbitration award was rendered, the file number, the company and union, 
the issues, whether briefs were filed and transcripts taken, if there 
were any waivers by parties on the date the award was due, and the fees 
and days for services as an arbitrator. This information is then 
contained in the agency's annual report to indicate the types of 
arbitration issues, the average or median arbitration fees and days 
spent on cases. This notice request is for a revision of the form that 
is currently approved for collection; no change in the substance or 
method of collection is involved.
    Frequency: This form is completed each time an arbitrator hears an 
arbitration case and issues a decision.
    Burden Statement: FMCS receives approximately 2500 responses per 
year. The form is only filled out each time an arbitrator hears a case 
and the time required is approximately ten minutes. FMCS uses this form 
to review arbitrator conformance with its fee and expense reporting 
requirements. This information is then contained in the agency's annual 
report to indicate the types of arbitration issues, the average or 
median arbitration fees and days spent on cases.
    Title: Notice to Mediation Agencies, FMCS Form F-7, OMB No. 3076-
0004, Expiration date: November 31, 1998.
    Type of Request: Revision and extension of expiration date of a 
currently approved collection with no major changes in the substance.
    Affected Entities: Parties affected by this information collection 
are private sector employers and labor unions involved in interstate 
commerce who file notices for mediation services to the FMCS and state, 
local and territorial agencies, who receive copies of these notice 
filed.
    Frequency: Individuals complete this form once, which is at the 
time of an impending expiration of a collective bargaining agreement.

[[Page 36882]]

    Abstract: Under the National Labor Management Relations Act, 1947, 
29 U.S.C. 158(d)(3), Congress listed specific notice provisions 
creating a duty to bargain collectively so that no party to a 
collective bargaining agreement could terminate or modify that 
contract, unless the party wishing to terminate or modify the contract 
is sent a written notice to the other party, sixty days prior to the 
expiration date (section 8(d)(1) and offered to meet and confer with 
the other party for the purpose of negotiating a new or modified 
contract (section 8(d)(2). Furthermore, the Act requires that the party 
notify the Federal Mediation and Conciliation Service within thirty 
days after such notice of the existence of a dispute and simultaneously 
notify any State or Territory where the dispute occurred (section 
8(d)(3). The 1974 amendments to the NLRA, which extended coverage to 
nonprofit health care institutions, also created a notification 
procedure in the health care industry requiring parties to notify each 
other 90 days in advance of termination and 60 days to the mediation 
service. This amendment also required notification of initial 
bargaining situations (notification of the existence of a dispute) to 
the FMCS, within 30 days.
    To facilitate handling of more than 18,000 such notices a year, 
FMCS created a specific information collection form. The purpose of 
this information collection activity is for FMCS' Notice Processing 
Unit (NPU) to comply with FMCS' statutory duty to receive these 
notices, to facilitate assignment of mediators to assist in labor 
disputes, and to assist the parties in knowing whether or not proper 
notice was given. The information from these notices is sent 
electronically to the appropriate field manager who assigns the cases 
to the mediator so they may contact labor and management quickly, 
efficiently, and offer their dispute resolution services, where 
applicable.
    Either party to a contract may make a request in writing for a copy 
of the notice filed with FMCS. These notices are critical to the 
function of FMCS and fulfill a statutory purpose as well.
    The F-7 form was created to establish conformity throughout 
interstate commerce and to allow FMCS to gather desired information in 
a uniform manner. The collection of such information, including the 
name of the employer or employer association, address and phone number, 
e-mail address, official contact, bargaining unit and establishment 
size, location of affected establishment and negotiations, industry or 
type of business, principal product or service, union address, phone 
number, e-mail address and official contact, contract expiration date 
or renewal date, whether the notice is on file on behalf of the 
employer or the union, and whether this is a health care industry 
notice for initial contracts, is critical for reporting and medication 
purposes.
    Burden Statement: The current annual respondent burden estimate is 
approximately 18,000 respondents. This one-page form takes about 10 
minutes to complete, for a total of 180,000 minutes or 166 annual 
hours.

II. Request for Comments

    FMCS solicits comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility.
    (ii) Enhance the accuracy of the agency's estimates of the burden 
of the proposed collection of information.
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected.
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including the use of appropriate automated 
electronic collection technologies or other forms of information 
technology, e.g., permitting electronic and fax submission of 
responses.

III. The Official Record

    The official record is the paper electronic record maintained at 
the address at the beginning of this document. FMCS will transfer all 
electronically received comments into printed-paper form as they are 
received.

    Dated: May 20, 2002.
C. Richard Barnes,
Director.
[FR Doc. 02-13037 Filed 5-24-02; 8:45 am]
BILLING CODE 6372-01-M