[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Pages 34837-34839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16984]


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FEDERAL MEDICATION AND CONCILIATION SERVICE (FMCS)


Office of the Deputy Director; Submission for OMB Review; Comment 
Request

June 27, 1996.
    The Federal Mediation and Conciliation Service (FMCS) has submitted 
four information collection requests to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (P.L. 104-13, 44 U.S.C. Chapter 35). These forms 
are: FMCS' Arbitrator's Personal Data Questionnaire (FMCS For R-22), 
FMCS' Request for Arbitration Panel (FMCS Form R-43), FMCS' 
Arbitrator's Report and Fee Statement (FMCS Form R-19), and FMCS' 
Notice to Mediation Agencies (FMCS Form F-7). Copies of these 
individual collection requests, with the appropriate agency form 
number, may be obtained by calling Tammi E. Strozier, Office Manager, 
Office of the General Counsel at (202) 606-5442, between 8:30 a.m. and 
4:30 p.m., Monday through Friday.

Comments Received

    In response to the 60-day notice, no comments were received for 
FMCS Forms R-22, R-43, and R-19. For the FMCS Form F-7, there were nine 
non-opposing comments received basically dealing with the agency's 
suggested change from a quadruplicate form to a single copy which would 
require the filing party to provide photocopies to the appropriate 
state agencies and other parties. Donald G. Russell, Director of 
Conciliation of the Indian Education Employment Relations Board, wrote 
that the form looks fine; Melissa McIntosh, Director, Wage and Hour 
Division of the

[[Page 34838]]

Department of Labor of the State of Indiana, commented that the cost-
cutting change seems to be a reasonable and efficient idea; Jan Hart 
DeYoung, Hearing Examiner of the Alaska Labor Relations Agency, 
Supported FMCS's efforts at cost-cutting and said her agency would not 
be affected by a change from a quadruplicate form to a single form; 
Patrick A. Fridell, Assistant Chief UI Legal Section of the Georgia 
Department of Labor, stated that a photocopy is usually what the agency 
receives and is adequate; the New Jersey State Board of Mediation has 
no comments; and Catherine J. Serino, Director of the Connecticut 
Department of Labor, had no objections to the proposed change but note 
that, ``only experience will tell if parties notice the proper 
agencies, like our Board, without the multiple copies.''
    Mark A. Lamont, Director of the Pennsylvania Bureau of Mediation, 
Department of Labor and Industry, suggested the insertion of ``Copies 
to: Appropriate State or Territorial Agency, Opposite Party, and copy 
to be Retained by Party Filing Notice should be in BOLD print as found 
in the current format.'' He also noted that in Pennsylvania, at least, 
85 percent of the notices were from the quadruplicate form. Bethanie 
Jensen, Administrative Assistant, North Dakota Department of Labor, 
suggested that the form contain more information, e.g. ``actual active 
union members covered by the contract, percent of union members at a 
site location, and actual total active union members at the location 
affected.'' FMCS believes that since the Taft-Hartley Act only requires 
notification of contract expiration or modification by the filing 
party, this additional information collection request may prove too 
burdensome for the filer, whether it be the union or employer, to 
complete in a timely fashion.
    Parker Denaco of the New Hampshire Public Employee Relations Board, 
saw no problems with his agency receiving photocopies that though that, 
``from a recipient agency standpoint,'' the receipt of photocopies 
instead of pressure-sensitive copies would assure clearer copies'' and 
``that it might cause users to give more consideration as to when it is 
actually necessary to send the state a copy in the first place.'' Also, 
he suggested, ``from an efficiency standpoint, could you offer an even 
more technologically advanced solution, namely to scan the new and 
improved Form 7 into your computer and offer any entity using the form 
to send a blank disc on which you would transfer the form in one of the 
common formats.'' This ``would allow users/filers to upload the form 
into their computer, fill in the blanks on the screen and then print 
the completed form.'' The user could have the ``opportunity to fill 
out, proof, and print a form all in one process.'' FMCS will look into 
the feasibility and cost of that approach.

Submission of Comments

    Comments about this request should be submitted to the Office of 
Information and Regulatory Affairs, Attn.: OMB Desk Officer for (FMCS), 
Office of Management and Budget, Room 10235, Washington, DC 20503. For 
more information call (202) 395-7316, within 30 days from the date of 
this publication in the Federal Register.
    The OMB is particularly interested in comments which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information including the validity 
of the methodology and assumptions used;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: Federal Mediation and Conciliation Service.
    Title: Arbitrator's Personal Data Questionnaire.
    OMB Number: 3076-0001.
    Agency Number: Form R-22.
    Frequency: Once per application and once per year for updating the 
biographical sketch.
    Affected Entities: The individuals who apply for admission to the 
FMCS Roster of Arbitrators.
    Number of Respondents: 250.
    Estimated Time Per Respondent: 1\1/2\ hour.
    Total Burden Hours: 375.
    Total Annualized capital/startup costs: $0.
    Total annual costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The Form R-22 is used to select highly qualified 
candidates for the arbitrator roster. The respondents are private 
citizens who make application for appointment to the FMCS roster.

    Agency: Federal Mediation and Conciliation Service.
    Title: Request for Arbitration Panel.
    OMB Number: 3076-0002.
    Agency Number: Form R-43.
    Frequency: On occasion.
    Affected Entities: Employers and their representatives, employees, 
labor unions and their representatives who request arbitration 
services.
    Number of Respondents: 27,000.
    Estimated Time Per Respondent: 10 minutes.
    Total Burden Hours: 4,500.
    Total Annualized capital/startup costs: $0.
    Total annual costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The Form R-43 is used for FMCS to offer panels of 
arbitrators for selection by labor and management to resolve grievances 
and disagreements arising under their collective bargaining agreements 
(CBAs) and to deal with fact-finding and interest arbitration issues as 
well. The need for this form is to obtain information, such as name, 
address, type of assistance desired, so that FMCS can provide various 
arbitration services effectively and efficiently (e.g., furnishing a 
standard list of seven arbitrators to both labor and management). This 
information collection facilitates the processing of the parties 
request for arbitration assistance.

    Agency: Federal Mediation and Conciliation Service.
    Title: Arbitrator's Report and Fee Statement.
    OMB Number: 3076-0003.
    Agency Number: Form R-19.
    Frequency: On occasion.
    Affected Entities: Individual arbitrators who render awards under 
appointment by the FMCS procedures.
    Number of Respondents: 5,000.
    Estimated Time Per Respondent: 10 minutes.
    Total Burden Hours: 417 hours.
    Total Annualized capital/startup costs: $0.
    Total annual costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The Form R-19 is used by FMCS to monitor the work of 
the arbitrators who serve on its roster. This is satisfied through the 
required completion of a report and fee statement which indicates when 
the arbitration award was rendered, the file number, the company and 
union, the issues, whether briefs were filed and transcripts taken, and 
fees charged to the parties for days the arbitrators' services were 
utilized. This information is then

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contained in the agency's annual report to indicate the types of 
arbitration issues, the average or median arbitration fees and days 
spent on cases, and the timeliness of the awards rendered.

    Agency: Federal Mediation and Conciliation Service.
    Title: Notice to Mediation Agencies.
    OMB Number: 3076-0004.
    Agency Number: Form F-7.
    Frequency: Once per collective bargaining contract.
    Affected Entities: Private sector employers and labor unions 
involved in interstate commerce who file notices for mediation services 
to the FMCS and state, local, and territorial agencies, who receive 
copies of these notices filed.
    Number of Respondents: 70,000.
    Estimated Time Per Respondent: 10 minutes.
    Total Burden Hours: 4,167
    Total Annualized capital/startup costs: $0.
    Total annual costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The F-7 form was created to establish conformity 
throughout interstate commerce and to allow FMCS to gather desired 
information in a uniform manner. The collection of such information, 
including the name of employer or employer association, address and 
phone number, official contact, bargaining unit and establishment size, 
location of affected establishment and negotiations, industry or type 
of business, principal product or service, union address, phone number, 
and official contact, contract expiration date or renewal date, whether 
the notice is filed on behalf of the union or employer, and whether 
this is health car industry notice for initial contracts or existing 
contracts, is critical for reporting and mediation purposes.

    Dated: June 27, 1996.
Wilma B. Liebman,
Deputy Director.
[FR Doc. 96-16984 Filed 7-2-96; 8:45 am]
BILLING CODE 6372-01-M