80 FR 9189 - Unfair Labor Practice Proceedings and Miscellaneous and General Requirements

FEDERAL LABOR RELATIONS AUTHORITY

Federal Register Volume 80, Issue 34 (February 20, 2015)

Page Range		9189-9190
FR Document		2015-03315

The Federal Labor Relations Authority (FLRA) is engaged in an initiative to make electronic filing or ``eFiling'' available to parties in all cases before the FLRA. Making eFiling available is another way in which the FLRA is using technology to improve the customer-service experience. These eFiling enhancements are expected to increase efficiency by reducing procedural filing errors and processing delays.

Federal Register, Volume 80 Issue 34 (Friday, February 20, 2015)

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Rules and Regulations]
[Pages 9189-9190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03315]



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Rules and Regulations
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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / 
Rules and Regulations

[[Page 9189]]



FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Part 2429


Unfair Labor Practice Proceedings and Miscellaneous and General 
Requirements

AGENCY: Federal Labor Relations Authority.

ACTION: Final rule.

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

SUMMARY: The Federal Labor Relations Authority (FLRA) is engaged in an 
initiative to make electronic filing or ``eFiling'' available to 
parties in all cases before the FLRA. Making eFiling available is 
another way in which the FLRA is using technology to improve the 
customer-service experience. These eFiling enhancements are expected to 
increase efficiency by reducing procedural filing errors and processing 
delays.

DATES: Effective March 23, 2015.

ADDRESSES: Written comments about this final rule can be emailed to 
engagetheFLRA@flra.gov or sent to the Case Intake and Publication 
Office, Federal Labor Relations Authority, 1400 K Street NW., 
Washington, DC 20424. All written comments will be available for public 
inspection during normal business hours at the Case Intake and 
Publication Office.

FOR FURTHER INFORMATION CONTACT: Gina Grippando, Counsel for Regulatory 
and Public Affairs, Federal Labor Relations Authority, Washington, DC 
20424, (202) 218-7776.

SUPPLEMENTARY INFORMATION: In the first stage of its eFiling 
initiative, the FLRA enabled parties to use eFiling to file requests 
for Federal Service Impasses Panel assistance in the resolution of 
negotiation impasses. See 77 FR 5987 (Feb. 7, 2012). The second stage 
of the FLRA's eFiling initiative provided parties with an option to use 
eFiling to electronically file 11 types of documents in cases filed 
with the FLRA's three-member adjudicatory body, the Authority. Parties 
may now file such documents. See 77 FR 26430 (May 4, 2012). The third 
stage of the FLRA's eFiling initiative provided parties with the option 
to use eFiling to electronically file certain documents involved in 
representation and unfair labor practice proceedings. See 77 FR 37751 
(June 25, 2012).
    The fourth stage of the FLRA's eFiling initiative is the subject of 
this Final Rule. In this stage, parties will be able to use the FLRA's 
eFiling system to file certain documents involved in unfair labor 
practice proceedings before the FLRA's Office of Administrative Law 
Judges. This rule modifies the FLRA's existing regulations to allow 
eFiling of those documents. As the FLRA's eFiling procedures develop, 
the revisions set forth in this action may be evaluated and revised 
further.

Sectional Analysis

    Sectional analysis of the amendments and revisions to part 2429, 
Miscellaneous and General Requirements, are as follows:

Part 2429--Miscellaneous and General Requirements

Section 2429.24(d)

    This section is amended to reflect the addition of eFiling as an 
authorized means of filing documents with the Office of Administrative 
Law Judges pursuant to paragraph (f)(15) of this section and corrects 
the person with whom such documents must be filed by replacing 
appropriate administrative law judge with Chief Administrative Law 
Judge.

Section 2429.24(f)(15)

    This section is added to reflect that documents filed with the 
Office of Administrative Law Judges are now documents that can be filed 
using eFiling as an alternative to the filing methods discussed in 
paragraph (e) of this section.
    As described above, this amendment updates the regulations to 
merely expand the Federal Labor Relations Authority's current 
electronic filing system. This rule pertains to agency organization, 
procedure, or practice, and it is exempt from prior notice and public 
comment pursuant to 5 U.S.C. 553(b)(A).

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.

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.

[[Page 9190]]

List of Subjects in 5 CFR Part 2429

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

    For the reasons stated in the preamble, the FLRA amends 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).

0
2. Section 2429.24 is amended by revising paragraph (d) and adding 
paragraph (f)(15) to read as follows:


Sec.  2429.24  Place and method of filing; acknowledgement.

* * * * *
    (d) Unless electronically filed pursuant to paragraph (f)(15) of 
this section, a document filed with the Office of Administrative Law 
Judges pursuant to this subchapter shall be submitted to the address 
for the Chief Administrative Law Judge, as set forth in the appendix.
    (f) * * *
    (15) Documents submitted to the Office of Administrative Law Judges 
under 5 CFR part 2423, including answers to complaints, motions, 
briefs, pre-hearing disclosures, stipulations, and any other documents 
as permitted by the eFiling system for the Office of Administrative Law 
Judges.
* * * * *

    Dated: February 12, 2015.
Carol Waller Pope,
Chairman.
[FR Doc. 2015-03315 Filed 2-19-15; 8:45 am]
BILLING CODE 6727-01-P

9190 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations

List of Subjects in 5 CFR Part 2429 proposals to relocate retail services or the new rule will clarify when the new
Administrative practice and add a new retail service facility. The rule applies.
final rule also will require the Postal Another respondent commented that
procedure, Government employees,
Service to provide information about the the new rule should define ‘‘relocation’’
Labor management relations.
anticipated new location for relocated and the definition should state a
For the reasons stated in the maximum permitted distance for
services or for a new retail service
preamble, the FLRA amends 5 CFR part relocating retail services.
facility when the Postal Service first
2429, as follows: We expect readers of the new rule
gives notice of the proposal.
DATES: Effective date: March 23, 2015.
will understand ‘‘relocation’’ to have its
PART 2429—[AMENDED] ordinary dictionary meaning. We also
FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 2429 disagree that the new rule should
Richard Hancock, Real Estate Specialist, include an arbitrary distance limitation
continues to read as follows: U.S. Postal Service®, at because such a limitation could prevent
Authority: 5 U.S.C. 7134; § 2429.18 also Richard.A.Hancock2@usps.gov or 919– appropriately accounting for important
issued under 28 U.S.C. 2112(a). 420–5284. factors, such as the setting (urban,
■ 2. Section 2429.24 is amended by SUPPLEMENTARY INFORMATION: On suburban, or rural), site conditions
revising paragraph (d) and adding October 27, 2014, the Postal Service (public transit availability, location on a
paragraph (f)(15) to read as follows: published a proposed rule (79 FR one-way street, etc.) and the proximity
63880) to revise the Postal Service’s of other Postal Service retail locations.
§ 2429.24 Place and method of filing; procedures concerning the expansion,
acknowledgement. Temporary, Emergency, and Provisional
relocation, and construction of Post
* * * * * Offices to clarify those procedures, and Relocations; 241.4(a)(2)
(d) Unless electronically filed to require the Postal Service to provide One respondent suggested that some
pursuant to paragraph (f)(15) of this more information to communities and causes of relocation added to the
section, a document filed with the elected officials about certain types of ‘‘emergency’’ category in the proposed
Office of Administrative Law Judges projects earlier in the planning phase. rule are inconsistent with a definition of
pursuant to this subchapter shall be The proposed rule would require the ‘‘emergency’’ as a sudden event
submitted to the address for the Chief Postal Service to notify communities requiring immediate action. The
Administrative Law Judge, as set forth and officials, and solicit and consider respondent also expressed concern that
in the appendix. their input, regarding proposals to expanding the ‘‘emergency’’ category
(f) * * * relocate retail services or add a new increases the universe of relocations
(15) Documents submitted to the retail service facility. As a significant that can occur without community
Office of Administrative Law Judges change from the current rule, the input because the new rule, as
under 5 CFR part 2423, including proposed rule would require the Postal proposed, provided for the Postal
answers to complaints, motions, briefs, Service to provide information about the Service to determine when it is prudent
pre-hearing disclosures, stipulations, anticipated new location for relocated to obtain community input on the long-
and any other documents as permitted services or for a new retail service term location after an emergency
by the eFiling system for the Office of facility when the Postal Service first relocation. The respondent questioned
Administrative Law Judges. gives notice of the proposal. The Postal adding examples of relocations arising
* * * * * Service established a 30-day comment from safety concerns without limiting
Dated: February 12, 2015. period and invited comments on the those concerns to some specified level
proposed rule. The Postal Service of seriousness, and the respondent
Carol Waller Pope,
received five responses. urged retaining a 180-day limit for both
Chairman.
temporary and emergency relocations.
[FR Doc. 2015–03315 Filed 2–19–15; 8:45 am] Comments and Response We appreciate the concerns raised in
BILLING CODE 6727–01–P
Below is a summary of the comments, these comments. The current rule lists
in order of the specific sections of the ‘‘lease termination’’ as an example of an
proposed rule to which they relate. event that may require an emergency
POSTAL SERVICE relocation, but the current rule is silent
General Comments; 241.4(a) on lease expirations. Nor does the
39 CFR Part 241 One respondent asserted that there is current rule recognize that some lessors
no substantive reason for changing the reserve a right during the lease term to
Relocating Retail Services; Adding
current rule and that the Postal Service require the Postal Service to move to a
New Retail Service Facilities
should retain the current rule. The different location, e.g., a substitute
AGENCY: Postal ServiceTM. respondent suggested that defining space in the lessor’s project. However,
ACTION: Final rule. ‘‘customer service facility’’ is the Postal Service believes it is prudent
unnecessary. to provide in the final rule for soliciting
SUMMARY: This final rule revises the We disagree with the comment. The and considering community input
Postal Service’s current procedures Postal Service Office of Inspector regarding relocations arising from such
concerning the expansion, relocation, General (OIG) specifically events. While these events may not be
and construction of Post OfficesTM to recommended that the Postal Service completely unexpected like other events
clarify these procedures, and to require revise its regulations to enhance listed as ‘‘emergencies’’, their timing is
Rmajette on DSK2VPTVN1PROD with RULES

the Postal Service to provide more transparency and public input. Based on not always predictable. The Postal
information to communities and elected past experience, we agreed with the Service may not know when a lessor
officials about certain types of projects OIG’s recommendation. The current rule will exercise its right to terminate a
earlier in the planning phase. Under the does not define ‘‘customer service lease or its right to require the Postal
final rule, the Postal Service will notify facility’’ and as the Postal Service Service to move to different premises.
communities and officials, and solicit evolves to adapt to a fast changing Similarly, a lease may expire
and consider their input, regarding marketplace, providing definitions in unexpectedly when the Postal Service

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Document Created: 2015-12-18 13:02:13
Document Modified: 2015-12-18 13:02:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective March 23, 2015.
Contact		Gina Grippando, Counsel for Regulatory and Public Affairs, Federal Labor Relations Authority, Washington, DC 20424, (202) 218-7776.
FR Citation		80 FR 9189
CFR Associated		Administrative Practice and Procedure; Government Employees and Labor Management Relations