[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Proposed Rules]
[Pages 15742-15743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05681]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / 
Proposed Rules  

[[Page 15742]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2429


Miscellaneous and General Requirements

AGENCY: Federal Labor Relations Authority.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Labor Relations Authority (FLRA) seeks public 
comments on a proposed addition to its regulations. This proposed 
addition concerns the revocation of a written assignment of amounts 
deducted from the pay of a Federal employee for the payment of regular 
and periodic dues allotted to an exclusive representative.

DATES: To be considered, comments must be received on or before April 
9, 2020.

ADDRESSES: You may send comments, which must include the caption 
``Miscellaneous and General Requirements,'' by one of the following 
methods:
     Email: [email protected]. Include ``Miscellaneous 
and General Requirements'' in the subject line of the message.
     Mail or Hand Delivery: Emily Sloop, Chief, Case Intake and 
Publication, Federal Labor Relations Authority, Docket Room, Suite 200, 
1400 K Street NW, Washington, DC 20424-0001.
    Instructions: Do not mail or hand deliver written comments if they 
have been submitted via email. Interested persons who mail or hand 
deliver written comments must submit an original and 4 copies of each 
written comment, with any enclosures, on 8\1/2\ x 11 inch paper.

FOR FURTHER INFORMATION CONTACT: Rebecca Osborne, Deputy Solicitor, at 
[email protected] or at: (202) 218-7986.

SUPPLEMENTARY INFORMATION: The FLRA is seeking to assure employees the 
fullest freedom in the exercise of their rights under the Federal 
Service Labor-Management Relations Statute, including their rights 
under 5 U.S.C. 7102 and 7115, in matters directly affecting their pay. 
Therefore, the FLRA proposes to define when an employee may initiate 
the revocation of a previously authorized assignment of amounts 
deducted from the pay of the employee for the payment of regular and 
periodic dues allotted to an exclusive representative. In particular, 
the FLRA proposes that, after the expiration of the one-year period 
during which an assignment may not be revoked under 5 U.S.C. 7115(a), 
an employee may initiate the revocation of a previously authorized 
assignment at any time that the employee chooses.

Executive Order 12866

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

Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs

    This proposed rule is not expected to be subject to the 
requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because this 
proposed rule is expected to be related to agency organization, 
management, or personnel.

Executive Order 13132, Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, this proposed rule does not have sufficient federalism 
implications to warrant preparation of a federalism assessment.

Executive Order 12988, Civil Justice Reform

    This regulation meets the applicable standard set forth in section 
3(a) and (b)(2) of Executive Order 12988.

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 Part 2429

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

    Accordingly, for the reasons stated in the preamble, FLRA proposes 
to amend 5 CFR part 2429 as follows:

PART 2429--[AMENDED]

0
1. The authority citation for part 2429 continues to read as follows:

    Authority:  5 U.S.C. 7134; Sec.  2429.18 also issued under 28 
U.S.C. 2112(a).


[[Page 15743]]


0
2. Add Sec.  2429.19 to subpart A to read as follows:


Sec.  2429.19  Revocation of assignments.

    Consistent with the exceptions in 5 U.S.C. 7115(b), after the 
expiration of the one-year period during which an assignment may not be 
revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation 
of a previously authorized assignment at any time that the employee 
chooses.

Colleen Duffy Kiko,
Chairman, Federal Labor Relations Authority.

    Note:  The following appendix will not appear in the Code of 
Federal Regulations.

Member DuBester, Dissenting

    For reasons expressed in my dissenting opinion in Office of 
Personnel Management (OPM),\1\ I strongly disagree with the decision to 
commence notice-and-comment rulemaking regarding 5 U.S.C. 7115(a). In 
my view, the OPM decision erroneously discards well-reasoned FLRA 
precedent governing revocation of union-dues allotments and, therefore, 
further weakens the institution of collective bargaining in the federal 
sector.
---------------------------------------------------------------------------

    \1\ 71 FLRA 571, 576-579 (2020) (Dissenting Opinion of Member 
DuBester).

[FR Doc. 2020-05681 Filed 3-18-20; 8:45 am]
 BILLING CODE 6727-01-P