[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 5987-5989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2694]



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 Rules and Regulations
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  Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / 
Rules and Regulations  

[[Page 5987]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Parts 2471 and 2472


Procedures of the Panel; Impasses Arising Pursuant to Agency 
Determinations Not To Establish or To Terminate Flexible or Compressed 
Work Schedules

AGENCY: Federal Labor Relations Authority.

ACTION: Final rule.

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SUMMARY: The Federal Labor Relations Authority (the FLRA) is engaged in 
an initiative to make electronic filing or ``eFiling'' available to 
parties in all cases before the FLRA. Making electronic filing or 
``eFiling'' available to its parties is another way in which the FLRA 
is using technology to improve the customer service experience. EFiling 
is also expected to increase efficiencies by reducing procedural filing 
errors and resulting processing delays.

DATES: Effective Date: March 8, 2012.

ADDRESSES: Written comments can be emailed to [email protected] or 
sent to the Case Intake and Publication Office, Federal Labor Relations 
Authority, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. All 
written comments will be available for public inspection during normal 
business hours at the Case Intake and Publication Office.

FOR FURTHER INFORMATION CONTACT: Sarah Whittle Spooner, Counsel for 
Regulatory and External Affairs, (202) 218-7791; or email: 
[email protected].

SUPPLEMENTARY INFORMATION: In this first stage in the FLRA's eFiling 
initiative, the FLRA revises the regulations concerning the procedures 
for filing requests for Federal Service Impasses Panel (Panel) 
assistance in the resolution of negotiation impasses. The purpose of 
the proposed revisions is to make it easier for parties to file such 
requests by permitting the use of electronic filing (eFiling). In 
addition, the proposed revisions allow parties to: (1) Serve copies of 
the requests and other documents on other parties electronically, if 
the receiving parties grant permission to do so; and (2) file 
additional documents with the Panel electronically, if the Panel has 
granted advance permission to do so. Further, consistent with the 
FLRA's other regulations and the proposed revisions regarding eFiling, 
the revisions change the date of service for facsimile service from the 
date of receipt of the transmission to the date of transmission, and 
change the current references to ``private delivery'' to ``commercial 
delivery.'' As the FLRA's eFiling procedures develop, the revisions set 
forth in this action may be evaluated and revised further.

Sectional Analyses

    Sectional analyses of the amendments and revisions to part 2471, 
Procedures of the Panel, and part 2472, Impasses arising pursuant to 
agency determinations not to establish or terminate flexible or 
compressed work schedules, are as follows:

Part 2471--Procedures of the Panel

Section 2471.2

    This section is amended to state that forms for parties to file 
either a request for consideration of an impasse or an approval of a 
binding arbitration procedure are available on the FLRA's Web site at 
www.flra.gov.

Section 2471.4

    This section is amended to provide that requests to the Panel 
provided in part 2471 may be filed electronically through use of the 
FLRA's eFiling system on the FLRA's Web site at www.flra.gov.

Section 2471.5

    This section is amended to provide that: requests to the Panel 
provided in part 2471 may be filed electronically through use of the 
FLRA's eFiling system; service on other parties may be made 
electronically with the permission of those parties; documents 
submitted simultaneously with eFiling under this part may be uploaded 
to the FLRA's eFiling system on the FLRA's Web site at www.flra.gov; 
other documents may be filed electronically with the Panel if the 
filing party receives advance permission from the Panel by telephone; 
certification of service on other parties may be made through the 
FLRA's eFiling system; and the date of service for both electronic and 
facsimile transmissions will be the date of transmission. In addition, 
this section is amended to change the use of the term ``private-
delivery service'' to the term ``commercial delivery.''

Part 2472--Impasses Arising Pursuant to Agency Determinations Not To 
Establish or To Terminate Flexible or Compressed Work Schedules

Section 2472.3

    This section is amended to provide that copies of the form for 
filing requests with the Panel under part 2472 are available on the 
FLRA's Web site at www.flra.gov.

Section 2472.5

    This section is amended to provide that requests to the Panel under 
part 2472 may be filed electronically through use of the FLRA's eFiling 
system on the FLRA's Web site at www.flra.gov.

Section 2472.6

    This section is amended to provide that: requests to the Panel 
under Sec.  2472.3 may be submitted electronically through use of the 
FLRA's eFiling system on the FLRA's Web site at www.flra.gov; a party 
may serve other parties by electronic transmission if they have the 
other parties' permission; documents may be submitted simultaneously 
with the eFiling of a request for Panel consideration, by uploading 
them through use of the FLRA's eFiling system at www.flra.gov; other 
documents may be filed electronically with the Panel if the filing 
party receives advance permission from the Panel by telephone; 
certification of service on other parties may be made in the FLRA's 
eFiling system when the party files electronically; and the date of 
service by electronic or facsimile transmission shall be the date of 
transmission. In addition, this section is amended to change the use of 
the term ``private-delivery service'' to the term ``commercial 
delivery.''

Executive Order 12866

    The FLRA is an independent regulatory agency, and as such, is not

[[Page 5988]]

subject to the requirements of E.O. 12866.

Executive Order 13132

    The FLRA is an independent regulatory agency, and as such, is not 
subject to the requirements of E.O. 13132.

Regulatory Flexibility Act Certification

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Chairman of the FLRA has determined that this rule, 
as amended, will not have a significant impact on a substantial number 
of small entities, because this rule applies only to Federal agencies, 
Federal employees, and labor organizations representing those 
employees.

Unfunded Mandates Reform Act of 1995

    This rule change will not result in the expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This action is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act of 1995

    The amended regulations contain no additional information 
collection or record-keeping requirements under the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3501, et seq.

List of Subjects in 5 CFR Parts 2471 and 2472

    Administrative practice and procedure, Government employees, Labor 
management relations.

PART 2471--[AMENDED]

0
1. The authority citation for part 2471 continues to read as follows:

    Authority:  5 U.S.C. 7119, 7134.


0
2. Section 2471.2 is revised to read as follows:


Sec.  2471.2  Request form.

    A form is available for parties to use in filing either a request 
for consideration of an impasse or an approval of a binding arbitration 
procedure. Copies are available on the FLRA's Web site at www.flra.gov, 
or from the Office of the Executive Director, Federal Service Impasses 
Panel, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. 
Telephone (202) 218-7790. Use of the form is not required, provided 
that the request includes all of the information set forth in Sec.  
2471.3.

0
3. Section 2471.4 is revised to read as follows:


Sec.  2471.4  Where to file.

    Requests to the Panel provided for in this part must either be 
filed electronically through use of the eFiling system on the FLRA's 
Web site at www.flra.gov, or be addressed to the Executive Director, 
Federal Service Impasses Panel, Suite 200, 1400 K Street NW., 
Washington, DC 20424-0001. All inquiries or correspondence on the 
status of impasses or other related matters must be submitted by 
regular mail to the street address above, by using the telephone number 
(202) 218-7790, or by using the facsimile number (202) 482-6674.

0
4. Section 2471.5 is amended by revising paragraphs (a), (b), (c), and 
(d) to read as follows:


Sec.  2471.5  Filing and service.

    (a) Filing and service of request. (1) Any party submitting a 
request for Panel consideration of an impasse or a request for approval 
of a binding arbitration procedure shall file an original and one copy 
with the Panel, unless the request is filed electronically as discussed 
below. A clean copy may be submitted for the original. Requests may be 
submitted in person, electronically through use of the eFiling system 
on the FLRA's Web site at www.flra.gov, or by registered mail, 
certified mail, regular mail, or commercial delivery. Requests also may 
be accepted by the Panel if transmitted to the facsimile machine of its 
office. A party submitting a request by facsimile shall also file an 
original for the Panel's records, but failure to do so shall not affect 
the validity of the filing by facsimile, if otherwise proper.
    (2) The party submitting the request shall serve a copy of such 
request upon all counsel of record or other designated 
representative(s) of parties, upon parties not so represented, and upon 
any mediation service which may have been utilized. Service upon such 
counsel or representative shall constitute service upon the party, but 
a copy also shall be transmitted to the party. Service of a request may 
be made in person or by registered mail, certified mail, regular mail, 
or commercial delivery. With the permission of the person receiving the 
request, service may be made by electronic or facsimile transmission, 
or by any other agreed-upon method. When the Panel acts on a request 
from the Federal Mediation and Conciliation Service or acts on a 
request from the Executive Director under Sec.  2471.1(a), it will 
notify the parties to the dispute, their counsel of record, if any, and 
any mediation service which may have been utilized.
    (b) Filing and service of other documents. (1) Any party submitting 
a response to, or other document in connection with, a request for 
Panel consideration of an impasse or a request for approval of a 
binding arbitration procedure shall file an original and one copy with 
the Panel, with the exception of documents filed simultaneously with 
the electronic filing of a request through use of the FLRA's eFiling 
system. Documents may be submitted to the Panel in person or by 
registered mail, certified mail, regular mail, commercial delivery, or, 
in the case of documents submitted simultaneously with the electronic 
filing of a request for Panel assistance, may be uploaded 
electronically through use of the FLRA's eFiling system at 
www.flra.gov. Documents may also be accepted by the Panel if 
transmitted electronically or to the facsimile machine of the Panel's 
office, but only with advance permission, which may be obtained by 
telephone. A party submitting a document by facsimile shall also file 
an original for the Panel's records, but failure to do so shall not 
affect the validity of the submission, if otherwise proper.
    (2) The party submitting the document shall serve a copy of such 
request upon all counsel of record or other designated 
representative(s) of parties, or upon parties not so represented. 
Service upon such counsel or representative shall constitute service 
upon the party, but a copy also shall be transmitted to the party. 
Service of a document may be made in person or by registered mail, 
certified mail, regular mail, or commercial delivery.
    With the permission of the person receiving the document, service 
may be made by electronic or facsimile transmission, or by any other 
agreed-upon method.
    (c) A signed and dated statement of service shall accompany each 
document

[[Page 5989]]

submitted to the Panel, unless the document is a request under Sec.  
2471.5(a) that is filed electronically through use of the FLRA's 
eFiling system. For requests under Sec.  2471.5(a) that are filed 
electronically through use of the FLRA's eFiling system, the filing 
party shall certify, in the FLRA's eFiling system and at the time of 
filing, that copies of the request and any supporting documents have 
been served as required. The statement of service, however filed, shall 
include the names of the parties and persons served, their addresses, 
the date of service, the nature of the document served, and the manner 
in which service was made.
    (d) The date of service or date served shall be the day when the 
matter served, if properly addressed, is deposited in the U.S. mail or 
is delivered in person or is deposited with a commercial-delivery 
service that will provide a record showing the date the document was 
tendered to the delivery service. Where service is made by electronic 
or facsimile transmission, the date of service shall be the date of 
transmission.
* * * * *

PART 2472--[AMENDED]

0
5. The authority citation for part 2472 continues to read as follows:

    Authority: 5 U.S.C. 6131.


0
6. Section 2472.3 is revised to read as follows:


Sec.  2472.3  Request for Panel consideration.

    Either party, or the parties jointly, may request the Panel to 
resolve an impasse resulting from an agency determination not to 
establish or to terminate a flexible or compressed work schedule by 
filing a request as hereinafter provided. A form is available for use 
by the parties in filing a request with the Panel. Copies are available 
on the FLRA's Web site at www.flra.gov, or from the Office of the 
Executive Director, Federal Service Impasses Panel, Suite 200, 1400 K 
Street NW., Washington, DC 20424-0001. Telephone (202) 218-7790. Fax 
(202) 482-6674. Use of the form is not required provided that the 
request includes all of the information set forth in Sec.  2472.4.


0
7. Section 2472.5 is revised to read as follows:


Sec.  2472.5  Where to file.

    Requests to the Panel provided for in this part must either be 
filed electronically through use of the FLRA's eFiling system on the 
FLRA's Web site at www.flra.gov, or be addressed to the Executive 
Director, Federal Service Impasses Panel, Suite 200, 1400 K Street NW., 
Washington, DC 20424-0001. All inquiries or correspondence on the 
status of impasses or other related matters must be submitted by 
regular mail to the street address above, by using the telephone number 
(202) 218-7790, or by using the facsimile number (202) 482-6674.

0
 8. Section 2472.6 is amended by revising paragraphs (a), (b), (c), and 
(d) to read as follows:


Sec.  2472.6  Filing and service.

    (a) Filing and service of request. (1) Any party submitting a 
request for Panel consideration of an impasse filed pursuant to Sec.  
2472.3 of these rules shall file an original and one copy with the 
Panel unless the request is filed electronically through use of the 
FLRA's eFiling system. A clean copy may be submitted for the original. 
Requests may be submitted in person, electronically, or by registered 
mail, certified mail, regular mail, or commercial delivery. Requests 
will also be accepted by the Panel if transmitted to the facsimile 
machine of its office. A party submitting a request by facsimile shall 
also file an original for the Panel's records, but failure to do so 
shall not affect the validity of the filing by facsimile, if otherwise 
proper.
    (2) The party submitting the request shall serve a copy of such 
request upon all counsel of record or other designated 
representative(s) of parties, and upon parties not so represented. 
Service upon such counsel or representative shall constitute service 
upon the party, but a copy also shall be transmitted to the party. 
Service of a request may be made in person or by registered mail, 
certified mail, regular mail, or commercial delivery. With the 
permission of the person receiving the request, service may be made by 
facsimile or electronic transmission, or by any other agreed-upon 
method.
    (b) Filing and service of other documents. (1) Any party submitting 
a response to, or other document in connection with, a request for 
Panel consideration of an impasse filed pursuant to Sec.  2472.3 shall 
file an original and one copy with the Panel, with the exception of 
documents that are filed simultaneously with the electronic filing of a 
request for Panel consideration. A clean copy may be submitted for the 
original. Documents may be submitted to the Panel in person or by 
registered mail, certified mail, regular mail, commercial delivery, or, 
in the case of documents submitted simultaneously with the electronic 
filing of a request for Panel consideration, may be uploaded 
electronically through use of the FLRA's eFiling system at 
www.flra.gov. Documents may also be accepted by the Panel if 
transmitted electronically or to the facsimile machine of its office, 
but only with advance permission, which may be obtained by telephone. A 
party submitting a document by facsimile shall also file an original 
for the Panel's records, but failure to do so shall not affect the 
validity of the submission, if otherwise proper.
    (2) The party submitting the document shall serve a copy of such 
request upon all counsel of record or other designated 
representative(s) of parties, or upon parties not so represented. 
Service of a document may be made in person or by registered mail, 
certified mail, regular mail, or commercial delivery. With the 
permission of the person receiving the document, service may be made by 
electronic or facsimile transmission, or by any other agreed-upon 
method.
    (c) A signed and dated statement of service shall accompany each 
document submitted to the Panel, unless the document is a request under 
Sec.  2472.3 that is filed electronically. For requests under Sec.  
2472.3 that are filed electronically, the filing party shall certify, 
in the FLRA's eFiling system and at the time of filing, that copies of 
the request and any supporting documents have been served as required. 
The statement of service, however filed, shall include the names of the 
parties and persons served, their addresses, the date of service, the 
nature of the document served, and the manner in which service was 
made.
    (d) The date of service or date served shall be the day when the 
matter served, if properly addressed, is deposited in the U.S. mail, is 
delivered in person, or is deposited with a commercial-delivery service 
that will provide a record showing the date the document was tendered 
to the delivery service. Where service is made by electronic or 
facsimile transmission, the date of service shall be the date of 
transmission.
* * * * *

    Dated: February 1, 2012.
Carol Waller Pope,
Chairman.
[FR Doc. 2012-2694 Filed 2-6-12; 8:45 am]
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