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.

Proposed Rules Federal Register

28797

Vol. 61, No. 110

Thursday, June 6, 1996

FEDERAL LABOR RELATIONS

AUTHORITY

5 CFR Part 2429

Miscellaneous and General

Requirements

AGENCY: Federal Labor Relations

Authority.

ACTION: Notice of opportunity to provide

comments.

SUMMARY: The FLRA is considering

revising its regulations to permit the

filing and/or service of documents by

facsimile transmissions. The FLRA is

also considering revising the method of

determining the date of filing and

service of documents by private delivery

services. By separate notice published

today, the Federal Service Impasses

Panel, an entity within the FLRA, is

proposing to revise its regulations to,

among other things, permit filing and

service of documents by facsimile

transmissions.

DATES: Written comments in response to

this notice will be considered if

received by close of business on July 8,

1996. Extensions of time will not be

granted.

ADDRESSES: Mail or deliver written

comments to the FLRA, 607 14th Street,

NW., Suite 415, Washington, D.C.

20424–0001. Copies of all written

comments will be available for

inspection and photocopying between 8

a.m. and 5 p.m., Monday through

Friday, at the above address.

FOR FURTHER INFORMATION CONTACT:

James H. Adams, Acting Director, Case

Control Office, FLRA, 607 14th Street,

NW., Suite 415, Washington, D.C.

20424–0001, Telephone: FTS or

Commercial (202) 482–6540.

SUPPLEMENTARY INFORMATION: To assist

the Authority, the Office of

Administrative Law Judges, the Office of

the General Counsel, and the Regional

Offices (collectively referred to herein as

the ‘‘FLRA’’) in determining whether to

revise the FLRA’s regulations governing

the filing and/or service of documents,

the FLRA invites responses to the

following questions. Questions 1

through 9 concern facsimile

transmissions; question 10 concerns

private delivery services.

It appears that amending the FLRA’s

regulations to permit the filing and/or

service of documents by facsimile

transmissions may be desirable to

parties attempting to achieve timely

filings and service. However, allowing

filing and service by facsimile raises

questions relating to such matters as

how to determine (and resolve disputes

over) the timeliness of filing and/or

service; potential difficulties caused by

transmission of lengthy documents and/

or attachments; and the current

requirement that the parties file with the

Authority an original and four copies of

all documents and attachments. In

considering matters such as these, the

FLRA invites the views of all interested

persons on any or all of the following

questions.

1. The number of pages transmitted by

facsimile may exceed the capacity of the

receiving facsimile equipment, and the

time necessary to receive facsimile

transmissions of lengthy documents

may, in turn, affect others’ abilities to

use that equipment to complete filings

and/or service. In view of these

technical concerns, should there be a

limitation on the number of pages that

may be transmitted to the FLRA and

parties by facsimile? If so, what

limitations?

2. In addition, or as alternatives, to

any page limitations, should the filing

and/or service of documents by

facsimile transmissions be limited to

particular types of cases or documents?

For example:

a. Should filing and/or service by

facsimile be limited to documents that

must be filed within short time limits

and that usually are not lengthy, such as

requests for extensions of time and

motions for reconsideration?

b. Should filing and/or service by

facsimile be limited to cases for which

filing forms have been developed, such

as unfair labor practice charges and

representation petitions?

3. Should attachments be permitted to

be filed by facsimile? If not, what

should be the time limit for the filing of

attachments after filing of the main

documents by facsimile?

4. What should be the requirements

for establishing proof of filing and/or

service by facsimile?

5. In order to facilitate the successful

transmission of documents by facsimile

by, for example, ensuring that the

facsimile equipment receiving the

documents is functioning properly,

should a party be required to obtain

‘‘permission to transmit’’ from the FLRA

or the parties, as applicable, before

filing and/or service? If so, what should

constitute proof of permission to file or

serve by facsimile transmission? What

should be the consequences if

permission to transmit is denied?

6. What approach should be used to

determine the date of service of a

document that is delayed because, for

example, a facsimile machine at the

receiving office—either the FLRA or the

receiving parties—is not functioning

properly or because the document is

placed in a long queue? Should

applicable time limits be tolled or

extended? What if the time limit

establishes jurisdiction?

7. What should be the procedure

when a facsimile transmission is

incomplete?

8. Assuming that a ‘‘hard copy’’ of a

document filed by facsimile

transmission is required, what should

be the time limit for submitting that

copy?

9. Should the FLRA offices and/or the

offices of the parties on whom

documents are served accept facsimile

transmissions on a 24-hour basis or only

during regular office hours? If the

answer is a 24-hour basis, how should

the timeliness of documents be

determined when a facsimile

transmission is not completed because

problems occur, such as an equipment

malfunction, outside regular office

hours?

10. Currently, the date of filing or

service of a document that is filed or

served by private delivery service is the

date the document is received by the

FLRA or the party served. Should the

FLRA revise its regulations to provide

that the date of filing and/or service of

documents that are filed by private

delivery service is the date the

document is deposited with the private

delivery service? How would a party

establish proof of filing and/or service

by private delivery service?

In addition to the foregoing, please

address any other concerns, issues and

matters that may arise as a result of

revisions to the regulations governing

the filing of documents with the
28798 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

Authority, the Office of Administrative

Law Judges, the General Counsel, and

the Regional Offices and the service of

documents on other parties.

Dated: May 31, 1996.

For the FLRA.

James H. Adams,

Acting Director, Case Control Office.

[FR Doc. 96–14099 Filed 6–5–96; 8:45 am]

BILLING CODE 6727–01–P

5 CFR Parts 2470, 2471, 2472, and 2473

Federal Service Impasses Panel;

General; Procedures of the Panel;

Impasses Arising Pursuant to Agency

Determinations Not to Establish or to

Terminate Flexible or Compressed

Work Schedules; Miscellaneous

Requirements

AGENCY: Federal Service Impasses

Panel, FLRA.

ACTION: Notice of proposed rulemaking

with request for comments.

SUMMARY: The Federal Service Impasses

Panel proposes to revise its regulations

to take advantage of existing technology

and to make them more easily

understood by agencies, labor

organizations, and individuals. The

proposed revisions will allow parties to

file requests for Panel assistance, and

other documents, by facsimile

transmission and will generally

reorganize and modify those portions of

the rules pertaining to filing and service.

A proposed new section will establish

procedures by which a party to a Panel

proceeding may seek to obtain a

subpena. These proposed revisions will

make the regulations clearer and more

user-friendly and will provide quicker

access to the Panel’s procedures. By

separate notice published today, the

Federal Labor Relations Authority is

providing interested persons with the

opportunity to submit written

comments concerning, among other

things, contemplated revisions to the

FLRA’s regulations to permit the filing

and/or service of documents by

facsimile transmissions.

DATES: Written comments in response to

this notice will be considered if

received by close of business on July 8,

1996. Extensions of time will not be

granted.

ADDRESSES: Mail or deliver written

comments to the Federal Service

Impasses Panel, 607 14th Street, NW.,

Suite 220, Washington, D.C. 20424–

0001. Copies of all written comments

will be available for inspection and

photocopying between 8 a.m. and 5

p.m., Monday through Friday, at the

above address.

FOR FURTHER INFORMATION CONTACT:

Linda A. Lafferty, Executive Director,

Federal Service Impasses Panel, 607

14th Street, NW., Suite 220,

Washington, D.C. 20424–0001.

Telephone (202) 482–6670.

SUPPLEMENTARY INFORMATION: The

Federal Service Impasses Panel

established an internal work group to

study and evaluate its regulations. The

following section-by-section analysis

reflects proposed revisions to Parts

2470—General; Part 2471—Procedures

of the Panel; and Part 2472—Impasses

Arising Pursuant to Agency

Determinations Not to Establish or to

Terminate Flexible or Compressed Work

Schedules. Following this analysis, an

explanation of proposed Part 2473—

Miscellaneous Requirements, which

contains a new section on subpenas, is

provided.

Part 2470

Section 2470.1

A new last sentence has been added

to reflect the Panel’s longstanding

policy of encouraging parties to resolve

disputes on terms that are mutually

agreeable without the need for Panel

action.

Part 2471

Section 2471.2

A form is available for use in filing a

request for assistance with the Panel,

but its use is not required, provided that

the request includes all of the

information set forth in § 2471.3. This

provides a filing party with the choice

of using the prepared form or submitting

the required information in some other

format. The Panel’s address and phone

number are updated to reflect its current

office location.

Section 2471.3

Requiring the filing party to provide

the addresses, phone numbers, and

facsimile numbers of the parties to a

dispute will facilitate communication

between the Panel and parties and will

result in enhanced customer service.

The revision in paragraph (b)(4) reflects

developments in FLRA case law, set

forth in Commander, Carswell Air Force

Base, Texas and American Federation of

Government Employees, Local 1364, 31

FLRA 620 (1988), which allows the

Panel to resolve duty-to-bargain

questions under certain circumstances.

Section 2471.4

The Panel’s address and phone

number are updated to reflect its current

office location. The Panel’s facsimile

number is provided consistent with the

changes described in § 2471.5 which

allow filing of requests for assistance,

and other documents, by this method.

Section 2471.5

The Panel recognizes that the use of

facsimile systems have become more

prevalent in both the private and public

sectors and that private delivery

services are commonly used as an

alternative to the United States Postal

Service. After careful consideration, it

has been determined that allowing the

limited use of these methods of

communication will provide parties

with quicker access to the Panel’s

services.

Paragraph (a) establishes the

requirements for filing and service of

requests for Panel assistance and

requests for approval of a binding

arbitration procedure. Paragraph (a)(1)

allows a filing party to submit a request

by a variety of methods, including

facsimile transmission and private

delivery service. A party filing a request

by facsimile transmission must submit

an original for the Panel’s records, but

failure to do so shall not affect the

validity of the filing, if otherwise

proper. Paragraph (a)(2), which

establishes service requirements,

provides the same variety of methods as

paragraph (a)(1), except that the filing

party may use facsimile transmission

only with the permission of the person

receiving the request.

Paragraph (b) establishes the

requirements for filing and service of

documents other than requests for

assistance. Paragraphs (b)(1) and (b)(2)

provide for filing and service of

documents with the Panel by the same

methods established in paragraph (a)(1)

and (a)(2) except that advance

permission is required before a

document other than a request may be

filed with the Panel by facsimile

transmission.

Paragraph (d) establishes a method for

determining the date of service for

documents served by private delivery

service or by facsimile transmission.

Paragraph (e) establishes a revised

format for documents filed with the

Panel; it also states affirmatively that

nonconforming documents may, at the

Panel’s discretion, be rejected.

Section 2471.6

Paragraph (a)(2) establishes that when

the Panel asserts jurisdiction, it may

recommend procedures for impasse

resolution and/or directly assist the

parties through whatever methods the

Panel considers appropriate. The most

common procedures used by the Panel

are now listed.