[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13896-13897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05058]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Existing Collection

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final Notice of Information Collection--Extension without 
change of a currently approved collection Local Union Report (EEO-3) 
and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it is submitting to the Office of Management and Budget 
(OMB) a request for a three-year extension without change of the 
existing Local Union Report (EEO-3) (EEOC Form 274) as described below.

DATES: Written comments on this notice are encouraged and must be 
submitted on or before April 12, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Rashida Dorsey, Employer Data Team, 
Data Development and Information Products Division, Equal Employment 
Opportunity Commission, 131 M Street NE, Room 4SW32J, Washington, DC 
20507; (202) 663-4355 (voice), (202) 663-7063 (TTY) or email at 
[email protected].

SUPPLEMENTARY INFORMATION: A notice that the EEOC would be submitting 
this request was published in the Federal Register on November 19, 
2020, allowing for a 60-day public comment period. No comments were 
received from the public during the 60-day public comment period.

[[Page 13897]]

Overview of Information Collection

    Collection Title: Local Union Report (EEO-3).
    OMB Number: 3046-0006.
    Frequency of Report: Biennial.
    Type of Respondent: Local referral unions with 100 or more members.
    Description of Affected Public: Local referral unions and 
independent or unaffiliated referral unions and similar labor 
organizations.
    Responses: 1,100 \1\ per biennial collection.
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    \1\ This figure is based on the total number of respondents who 
were eligible to submit EEO-3 data in 2018, which is the most 
recently completed EEO-3 data year.
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    Reporting Hours: 2,252 per biennial collection.
    Burden Hour Cost: $70,415.95 per biennial collection.
    Federal Cost: $390,120.85 per biennial collection.
    Number of Forms: 1.
    Form Number: EEOC Form 274.
    Abstract: Section 709(c) of Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000e-8(c), requires labor organizations to 
make and keep records relevant to a determination of whether unlawful 
employment practices have been or are being committed and produce 
reports required by the EEOC. Accordingly, the EEOC issued regulations, 
29 CFR 1602.22 and 1602.27-.28, which set forth the reporting 
requirements and related record retention policies for various kinds of 
labor organizations. 29 CFR 1602.22 requires every local union to 
retain the most recent report filed, and 29 CFR 1602.27-.28 require 
filers to make records necessary for completion of the EEO-3 and 
preserve them for a year (or if a charge of discrimination is filed, 
relevant records must be retained until final disposition of the 
matter). 29 CFR 1602.22 and 1602.27-.28 are related to recordkeeping 
which is part of standard administrative practices, and as a result, 
the EEOC believes that any impact on burden would be negligible and 
nearly impossible to quantify. Local referral unions with 100 or more 
members have been required to submit EEO-3 reports since 1967 
(biennially since 1986). The EEOC uses EEO-3 data for research and to 
investigate charges of discrimination. The individual reports are 
confidential.
    Burden Statement: The methodology for calculating annual burden 
reflects the different staff that are responsible for preparing and 
filing the EEO-3. These estimates stem from a limited study that was 
conducted in 2015 with nine EEO-3 respondents. The EEOC accounts for 
time to be spent biennially on EEO-3 reporting by business agents and 
administrative staff, as well as time spent by attorneys who, in a few 
cases, may consult briefly during the reporting process. The estimated 
number of respondents included in the biennial EEO-3 collection is 
1,100 local referral unions, as this is the approximate number of 
filers from the 2018 reporting cycle. The estimated hour burden per 
report will be 2.05 hours, and the estimated total biennial respondent 
burden hours will be 2,251.80. Burden hour cost was calculated using 
median hourly wage rates for administrative staff and legal counsel, 
and average hourly wage rates for labor union business agents.
    The burden hour cost per report will be $67.33, and the estimated 
total burden hour cost per biennial collection will be $70,415.95 (See 
Table 1 for calculations).

                              Table 1--Estimate of Biennial Burden for EEO-3 Report
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                                    Hourly wage      Hours per                     Total burden    Total burden
   Local referral union staff        rate \a\          local      Cost per local       hours         hour cost
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Secretaries and Administrative            $18.84               1          $18.84           1,100      $20,724.00
 Assistants.....................
Business Agent..................           45.00               1           45.00           1,100       49,500.00
Corporate Legal Counsel.........           69.86            0.05            3.49              55          191.95
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    Total.......................  ..............            2.05           67.33        2,251.80       70,415.95
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Note: A limited study was conducted by the EEOC of local referral union EEO-3 respondents. The methodology
  included surveying nine local referral union respondents by asking a series of survey questions approved by
  the EEOC's Office of Legal Counsel regarding the type of local union staff involved in submitting EEO-3 data.
  The EEOC asked responding study participants to estimate how long on average it took identified local union
  staff members to complete the EEO-3 report and what proportion of that time was allocated to each staff member
  job title. The burden hours per local union by job title, 2.05, is estimated based on filer responses. The
  results of the study were published in the Final Notice of Submission for OMB Review--Extension Without
  Change: Local Union Report (EEO-3) on January 24, 2017: https://www.federalregister.gov/documents/2017/01/24/2017-01558/agency-information-collection-activities-proposed-collection-submission-for-omb-review.
\a\ Hourly wage rates for administrative staff and legal counsel were obtained from the Bureau of Labor
  Statistics, May 2019 (see U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook,
  https://www.bls.gov/oes/current/oes_stru.htm) and the average hourly wage rate for a labor union business
  agent was obtained from salaryexpert.com (see https://www.salaryexpert.com/salary/job/labor-union-business-agent/united-states).

    These estimates are based upon filers' use of the EEO-3 online web-
based application system to submit reports. During the 2018 EEO-3 
collection cycle, approximately 1,100 local referral unions were 
identified as being eligible to report EEO-3 data, and all but 31 of 
the 975 responsive EEO-3 filers submitted their data electronically. 
Online electronic filing remains the most popular, efficient, accurate, 
and secure means of reporting for respondents required to submit the 
EEO-3 report. The EEOC has made online electronic filing much easier 
for respondents required to file the EEO-3 report and as a result, more 
respondents are using this method. Accordingly, the EEOC will continue 
to encourage EEO-3 filers to submit data through online electronic 
filing and will only accept paper records from filers who have secured 
permission to submit data via paper submission.

    Dated: March 5, 2021.

    For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021-05058 Filed 3-10-21; 8:45 am]
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