[Federal Register Volume 71, Number 229 (Wednesday, November 29, 2006)]
[Notices]
[Pages 69130-69132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20207]


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FEDERAL MEDIATION AND CONCILIATION SERVICE


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Mediation and Conciliation Service

ACTION: Notice of Forms R-22, R-19, R-43 and F-7 to be submitted for 
extension to the Office of Management and Budget.

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SUMMARY: This notice announces that four information collection 
requests contained among the Federal Mediation and Conciliation Service 
(FMCS) agency forms have come up for renewal. FMCS will submit to the 
Office of Management and Budget (OMB) a request for review of these 
four FMCS forms: Arbitrator's Report and Fee Statement (Agency Form R-
19), Arbitrator's Personal Data Questionnaire (Agency Form R-22), 
Request for Arbitration Services (Agency Form R-43) and Notice to 
Mediation Agencies (Agency Form F-7). The request will seek OMB 
approval for a three-year extension with an expiration date of January 
31, 2010, for Forms R-19, R-22, R-43 and F-7. FMCS is soliciting 
comments on specific aspects of the collections as described below.

DATES: Comments must be submitted on or before January 29, 2007.

ADDRESSES: Submit written comments by mail to 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 may be submitted also by fax at (202) 606-3749 or 
electronic mail (e-mail) to [email protected]. All comments 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 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: 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 by calling, faxing or 
writing Vella M. Traynham at the address above. Please ask for the form 
by title and agency form number.

I. 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. 
3076-0001; Expiration date: January 31, 2006.
    Type of Request: Extension of a previously approved collection with 
no change in the substance or method of collection.
    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 aid and encourage employers and 
representatives of their employees to reach and maintain agreements 
concerning rates of pay, hours, and working conditions, and to make all

[[Page 69131]]

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'' 29 U.S.C. 201(b). 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 of 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 the FMCS 
Roster.
    Burden Statement: The number of respondents is approximately 100 
individuals per year, which is 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 to update the 
information as necessary.
    Title: Arbitrator's Report and Fee Statement; Form R-19; OMB No. 
3076-0003; Expiration date: January 31, 2006.
    Type of Request: Extension of a previously approved collection with 
no change in the substance or method of collection.
    Affected Entities: Individual arbitrators who render decisions 
under FMCS arbitration policies and procedures.
    Frequency: This form is completed each time an arbitrator hears an 
arbitration case and issues a decision.
    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 of the arbitrator. This information is contained 
in the agency's annual report to indicate the types of arbitration 
issues resolved, the applicable average or median arbitration fees and 
days spent on each case.
    Burden Statement: FMCS receives approximately 2500 responses per 
year. The form is 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.
    Title: Request for Arbitration Services; Form R-43; OMB No. 3076-
0002; Expiration date: February 28, 2006.
    Type of Request: Extension of a previously approved collection with 
no changes in the substance or method of collection.
    Affected Entities: Employers and their representatives, and labor 
unions, their representatives and employees, who request arbitration 
services.
    Frequency: This form is completed each time an employer or labor 
union requests a panel of arbitrators.
    Abstract: Pursuant to 29 U.S.C. 171(b) and 29 CFR part 1404, FMCS 
offers panels of arbitrators for selection by labor and management to 
resolve grievances and disagreements arising under their collective 
bargaining agreements and to deal with fact finding and interest 
arbitration issues as well. The need for this form is to obtain 
information such as name, address and type of assistance desired, so 
that FMCS can respond to requests efficiently and effectively for 
various arbitration services. The purpose of this information 
collection is to facilitate the processing of the parties' request for 
arbitration assistance. No third party notification or public 
disclosure burden is associated with this collection.
    Burden Statement: The current total annual burden estimate is that 
FMCS will receive requests from approximately 10,000 respondents per 
year. The form takes about 10 minutes to complete.
    Title: Notice to Mediation Agencies; Form F-7; OMB No. 3076-0004; 
Expiration date: January 31, 2006.
    Type of Request: Extension of a previously approved collection with 
no changes in the substance or method of collection.
    Affected Entities: Parties affected by this information collection 
are private sector employers and labor unions involved in interstate 
commerce that file notices for mediation services to the FMCS and 
State, local and territorial agencies.
    Frequency: Parties complete this form once, which is at the time of 
an impending expiration of a collective bargaining agreement.
    Abstract: Under the Labor Management Relations Act of 1947, 29 
U.S.C. 158(d), Congress listed specific notice provisions so that no 
party to a collective bargaining agreement can terminate or modify that 
contract, unless the party wishing to terminate or modify the contract 
sends a written notice to the other party sixty days prior to the 
expiration date (29 U.S.C. 158(d)(1)), and offers to meet and confer 
with the other party for the purpose of negotiating a new or modified 
contract (29 U.S.C. 158(d)(2)). Furthermore, the Act requires that 
parties 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 occurs 
(29 U.S.C. 158(d)(3)). The 1974 amendments to the National Labor 
Relations Act, 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 in advance to FMCS (29 U.S.C. 158(d)). This 
amendment also requires 30-day notification of bargaining for an 
initial agreement to the FMCS. 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 to comply with its 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 a mediator so that 
the mediator may contact labor and management quickly, efficiently, and 
offer dispute resolution services. Either party to a contract may make 
a request in writing for a copy of the notice filed with FMCS. The F-7 
form was created 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

[[Page 69132]]

union, and whether this is a health care industry notice for an initial 
contract, is critical for reporting and mediation purposes.
    Burden Statement: The current annual burden estimate is 
approximately 18,000 respondents. This one-page form takes about 10 
minutes to complete.

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.

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: November 24, 2006.
Michael J. Bartlett,
Deputy General Counsel.
[FR Doc. E6-20207 Filed 11-28-06; 8:45 am]
BILLING CODE 6732-01-P