Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 / Proposed Rules 19413

PART 430—PERFORMANCE

MANAGEMENT

1. The authority citation for part 430

continues to read as follows:

Authority: 5 U.S.C. chapter 43.

2. In § 430.208, paragraphs (a)(1),

(a)(2), (a)(3) and (i) are added; paragraph

(h) is redesignated as paragraph (j) and

a new paragraph (h) is added to read as

follows:

§ 430.208 Rating performance.

(a) * * *

(1) A rating of record shall be based

only on the evaluation of actual job

performance for the designated

appraisal period.

(2) An agency shall not issue a rating

of record that assumes a level of

performance by an employee without an

actual evaluation of that employee’s

performance.

(3) Except as provided in § 430.208(i),

a rating of record is final when it is

issued to an employee with all

appropriate reviews and signatures.

* * * * *

(h) Each rating of record shall cover

a specified appraisal period. Agencies

shall not carry over a rating of record

prepared for a previous appraisal period

to a subsequent appraisal period(s).

(i) When either a regular appraisal

period or an extended appraisal period

ends and a performance plan has been

established for a subsequent appraisal

period with no rating of record issued

for the earlier appraisal period, an

agency shall not produce a rating of

record to cover that period retroactively.

Once issued, ratings of record shall not

be changed retroactively except that a

rating of record may be changed—

(1) Within 60 days of issuance based

upon an informal request by the

employee;

(2) As a result of a grievance,

complaint, or other formal proceeding

permitted by law that results in a final

determination by appropriate authority

that the rating of record must be

changed; or

(3) Where the agency determines that

a rating of record was incorrectly

recorded or calculated.

PART 534—PAY UNDER OTHER

SYSTEMS

3. The authority citation for part 534

continues to read as follows:

Authority: 5 U.S.C. 1104, 5307, 5351, 5352,

5353, 5376, 5383, 5384, 5385, 5541, and

5550a.

4. In § 534.505, paragraph (b) is

revised to read as follows:

§ 534.505 Pay related matters.

* * * * *

(b) Performance awards. Performance

awards may be paid under 5 U.S.C.

chapter 45 and § 451.104(a)(3) of this

chapter.

[FR Doc. 98–10266 Filed 4–17–98; 8:45 am]

BILLING CODE 6325–01–P

FEDERAL LABOR RELATIONS

AUTHORITY

5 CFR Parts 2424 and 2429

Processing of Negotiability Petitions:

Miscellaneous and General

Requirements

AGENCY: Federal Labor Relations

Authority.

ACTION: Notice of proposed rulemaking

with request for comments.

SUMMARY: The Federal Labor Relations

Authority intends to revise its

regulations concerning the processing of

negotiability appeals (part 2424). The

Federal Labor Relations Authority

established a Task Force to study and

evaluate part 2424 of its regulations.

The Task Force proposes to conduct

focus groups to solicit and consider

customers’ views prior to undertaking

these revisions.

DATES: Written comments must be

received on or before May 29, 1998. A

meeting will be held at 10:00 a.m. on

May 12, 1998, in Washington, DC.

ADDRESSES: Mail or deliver written

comments to the Office of Case Control,

Federal Labor Relations Authority, 607

14th Street, NW, Washington, DC

20424–0001. The meeting will be held

at the Federal Labor Relations

Authority, 607 14th Street, NW, Second

Floor Agenda Room, Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Peter Constantine, Director, Office of

Case Control, at the address listed above

or by telephone: (202) 482–6540.

SUPPLEMENTARY INFORMATION:

1. Background

The Chair and Members of the Federal

Labor Relations Authority (the

Authority) intend to review and, where

appropriate, implement mechanisms to

improve the manner in which

negotiability appeals are processed, and

to revise the regulations governing

review of these appeals. The Authority

has established an internal Task Force

to study this matter.

Part 2424 of chapter XIV of Title 5 of

the Code of Federal Regulations (1997)

contains, among other things, the

current regulations which govern all

matters relating to the processing of

negotiability appeals. Part 2429 contains

general regulatory requirements which

also govern these appeals. The

regulations apply to petitions for review

of negotiability issues that concern

union proposals for bargaining as well

as petitions for review of negotiability

issues that arise from disapprovals of

collective bargaining provisions that

have been agreed on by parties.

In conjunction with its review of the

procedures for processing negotiability

appeals, the Task Force is requesting

oral and/or written comments

concerning issues to be addressed in the

regulatory revisions it is developing. A

focus group meeting has been scheduled

for Tuesday, May 12, 1998, at 10:00 a.m.

in Washington, DC to discuss matters

relevant to the negotiability appeal

process. Persons interested in attending

this meeting on the proposed

rulemaking should call or write the

point of contact listed in the preceding

section to confirm attendance. If

appropriate, other discussions may be

scheduled.

The Task Force will make written

recommendations to the Chair and

Members of the Authority, who will, as

determined appropriate, issue proposed

amendments to the existing

negotiability and miscellaneous

regulations. All agencies, unions, and

interested persons will be afforded an

opportunity to submit further comments

on any proposed specific modifications

to the existing regulations. The Task

Force will conduct additional focus

group meetings after the Authority

proposes its revisions to the existing

regulations.

2. The Federal Service LaborManagement Relations Statute (the

Statute)

Section 7117 of Title 5, United States

Code, empowers the Authority to

consider negotiability appeals under the

conditions prescribed by section 7117(b)

and (c), directs the Authority to

expedite these appeals to the extent

practicable, and instructs the Authority

to issue a written decision at the earliest

practicable date.

The appeal process is set forth in

Section 7117(c) of the Statute. Under

this process, the exclusive

representative may ‘‘institute an appeal’’

by ‘‘filing a petition with the

Authority.’’ 5 U.S.C. 7117(c)(2). Once an

exclusive representative institutes a

negotiability appeal, section

7117(c)(3)(A) and section 7117(c)(4)

provide that an agency involved in a

negotiability dispute ‘‘shall file with the

Authority’’ a statement of position

responding to the petition for review,
19414 Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 / Proposed Rules

and that an exclusive representative

‘‘shall file with the Authority its

response to the statement.’’ Consistent

with section 7117(c)(5), the Authority,

in its discretion, may hold a hearing on

the petition for review before making a

determination.

3. Issues on Which Comments Are

Requested

Following are several groups of

subjects on which the Task Force is

seeking comments. This is not intended

to be an exclusive list; comment on any

matter relevant to the processing of

petitions for review in negotiability

appeals is invited.

a. Alternative Dispute Resolution (ADR)

in the Negotiability Appeal Process

Should the Authority require and/or

offer ADR services to the parties as part

of the negotiability appeal process? If

the Authority requires the parties to

participate in ADR in connection with

the negotiability appeal process, are

there any particular issues that the

Authority should consider in the

drafting of its amendments to the

negotiability regulations?

b. Compliance With Procedural

Requirements

What consequences, if any, should

result from either an agency’s failure to

file a statement of position, as required

by section 7117(c)(3)(A) of the Statute or

an exclusive representative’s failure to

file a response to this statement, as

required by section 7117(c)(4) of the

Statute?

Under what circumstances, if any,

should the Authority exercise its

authority under section 7117(c)(5) of the

Statute to hold hearings?

Are there any general requirements, in

addition to those set forth in part 2429

of the Authority’s regulations, that the

Authority should consider in drafting its

amendments to the negotiability

regulations?

c. The Meaning of a Proposal or

Provision

What burdens should the Authority

place on the parties with respect to the

meaning of proposals or provisions, the

factual record, and the arguments?

Where the Authority is unable to

determine the meaning of a proposal or

provision, what action should the

Authority take?

d. The Relationship Between Issues

Arising Under the Negotiability Appeal

Process and the Unfair Labor Practice

Process

Should the Authority modify its

procedure for processing complaints

alleging unfair labor practices and

negotiability petitions? If so, how

should the Authority process cases

involving alleged unfair labor practices

and negotiability petitions?

How should ‘‘duty to bargain issues’’

(such as whether a matter is ‘‘covered

by’’ an existing agreement or whether a

union has waived its right to bargain) as

opposed to ‘‘scope of bargaining’’ issues

(whether a proposal is consistent with

law, rule, or regulation) be addressed

when arising in connection with a

negotiability appeal?

e. Authority Orders in Decisions on

Review of Negotiability Appeals;

Compliance With the Authority’s Orders

Part 2424.10 of the Authority’s

regulations currently provides that, if in

a decision the Authority finds that the

duty to bargain extends to ‘‘a matter

proposed to be bargained,’’ then the

Authority shall include a bargaining

order and, if the Authority finds that the

duty to bargain does not extend to the

matter, or that the duty extends to the

matter ‘‘only at the election of the

agency,’’ then the Authority shall

dismiss the petition for review.

Should the regulations be modified to

include other orders? If so, what other

orders should be included and in what

circumstances should they be used?

Should the Authority’s regulations

concerning compliance with

negotiability orders be modified? If so,

how should the Authority address a

party’s failure to comply with the

Authority’s negotiability order?

f. Proposals for Bargaining and

Provisions Subject to Agency-Head

Review

Should the Authority’s negotiability

regulations differ depending on whether

the petition for review concerns a

proposal for bargaining or a provision

that has been agreed on and

subsequently disapproved?

g. Other Issues

The foregoing questions are not

intended to exclude any other subjects

relevant to the negotiability appeal

process. What other subjects relevant to

the negotiability appeal process should

the Authority consider in developing

amendments to the existing

negotiability regulations?

(Authority: 5 U.S.C. 7105(a)(2)(E) and (I)).

Dated: April 15, 1998.

Solly Thomas,

Executive Director, Federal Labor Relations

Authority.

[FR Doc. 98–10390 Filed 4–17–98; 8:45 am]

BILLING CODE 6727–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB–97–17]

Tobacco Inspection—Growers

Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Notice of referendum.

SUMMARY: This document announces

that a referendum will be conducted by

mail during the period of April 27–May

1, 1998, for producers of flue-cured

tobacco who sell their tobacco at

auction in Tabor City-Whiteville, North

Carolina, and Loris, South Carolina, to

determine producer approval of the

designation of the Tabor City-Whiteville

and Loris tobacco markets as one

consolidated auction market.

DATES: The referendum will be held

April 27–May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

William Coats, Associate Deputy

Administrator, Tobacco Programs,

Agricultural Marketing Service, United

States Department of Agriculture, P.O.

Box 96456, Washington, D.C. 20090–

6456; telephone number (202) 205–

0508.

SUPPLEMENTARY INFORMATION: Notice is

hereby given of a mail referendum on

the designation of a consolidated

auction market at Tabor City-Whiteville,

North Carolina, and Loris, South

Carolina. Tabor City-Whiteville, North

Carolina, was designated on June 5,

1997, (7 CFR 29.8001) as flue-cured

tobacco auction market and Loris, South

Carolina, was designated on August 16,

1941, under the Tobacco Inspection Act

(7 U.S.C. 511 et seq.). Under this Act

those markets have been receiving

mandatory grading services from USDA.

On September 11, 1997, an

application was made to the Secretary of

Agriculture to consolidate the

designated markets of Tabor CityWhiteville, North Carolina, and Loris,

South Carolina. The application, filed

by warehouse operators on those

markets, was made pursuant to the

regulations promulgated under the

Tobacco Inspection Act (7 CFR Part

29.1–29.3). On November 5, 1997, a

public hearing was held in Tabor City,

North Carolina, pursuant to the

regulations. A Review Committee,

established pursuant to § 29.3(h) of the

regulations 7 CFR 29.3(h), has reviewed

and considered the application, the

testimony presented at the hearing, the

exhibits received in evidence, and other