82_FR_4350 82 FR 4341 - Statement of Organization, Functions, and Delegations of Authority

82 FR 4341 - Statement of Organization, Functions, and Delegations of Authority

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4341-4343
FR Document2017-00655

Statement of Organizations, Functions, and Delegations of Authority. The Administration for Children and Families (ACF) and the National Treasury Employees Union (NTEU) have renewed the ACF Labor Management Committee Charter.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4341-4343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00655]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Statement of Organization, Functions, and Delegations of 
Authority

AGENCY: Administration for Children and Families, HHS.

ACTION: Notice.

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

SUMMARY: Statement of Organizations, Functions, and Delegations of 
Authority. The Administration for Children and Families (ACF) and the 
National Treasury Employees Union (NTEU) have renewed the ACF Labor 
Management Committee Charter.

FOR FURTHER INFORMATION CONTACT: Benjamin Goldhaber, Deputy Assistant 
Secretary for Administration, 330 C Street SW., Washington, DC 20201, 
(202) 795-7790.

[[Page 4342]]

    The ACF Labor Management Committee Charter is being published as 
follows:

Cooperation Agreement and Charter for the Labor Management Committee 
(LMC) the Administration for Children and Families (ACF) and National 
Treasury Employees Union (NTEU)

    The Administration for Children and Families (ACF) and the 
National Treasury Employees Union (NTEU) jointly establish the ACF/
NTEU Labor Management Committee (Committee or LMC). The parties 
recognize that a strong relationship between labor and management as 
true and equal partners is essential in order for ACF to continue to 
deliver high quality human services to the American people as well 
as continue to recognize and value its employees and their union 
representation. This cooperative relationship envisions the open 
sharing of information at the earliest pre-decisional stage thereby 
engendering mutual trust and respect.

Purpose and Objectives

    The Committee's goal is to establish an ACF/NTEU labor-
management culture that fosters the full development and utilization 
of employees' skills, knowledge, expertise and capabilities through 
cooperative dialogue and endeavors with ACF employees and their 
union representative.
    In pursuit of this goal, the Committee sets forth the following 
objectives:
     Focus on ACF mission achievement by serving the public 
interest first;
     Promote a quality workplace through improved working 
conditions and enhanced working relationships;
     Provide a communication and information sharing channel 
for all bargaining-unit employees through their union 
representatives;
     Enhance and establish policy and program improvement 
initiatives through pre-decisional involvement of NTEU without 
regard to whether those matters are negotiable subjects of 
bargaining under 5 U.S.C. Sec.  7106;
     Make a good-faith effort to resolve issues concerning 
proposed changes in conditions of employment as it relates to 
numbers, types, and grades of employees and positions assigned to 
any organizational subdivision, work product, or tour of duty; and 
the technology, methods, and means of performing work;
     Identify and target mutual interests and shared 
problems and craft solutions;
     Respect each other as equal partners in order to 
address issues from a problem-solving, interest based, and 
cooperative perspective;
     Promote cooperative labor-management working 
relationships across the Agency; and
     Provide a forum from which to build mutual trust, 
respect, and understanding between the partners.

Scope

    The ACF LMC will implement the purposes and objectives on which 
it is founded by:
     Identifying issues impacting ACF's mission, labor-
management relations, and others of mutual interest to committee 
members and providing proposed recommendations to ACF and NTEU 
leadership;
     Discussing issues and developing proposed 
recommendations on items referred to the Committee by ACF or NTEU 
leadership;
     Exchanging facts and information about agency-wide 
issues affecting management, labor and mission achievement, and 
serving as a forum for discussion of such issues; and
     Promoting and facilitating labor-management cooperation 
throughout ACF, including cooperative relationships at all 
appropriate levels.
    The Parties recognize that although the work of the Committee 
may reduce the need for formal bargaining, the discussion of issues 
by the Committee does not relieve the Agency of its bargaining 
obligations under the Federal Labor-Management Relations Statute 
(the Statute), absent explicit agreement by the Union.

Principles

    1. ACF allows employees through their union representatives to 
have pre-decisional involvement in workplace matters to the fullest 
extent practicable without regard to whether those matters are 
negotiable subjects of bargaining pursuant to 5 U.S.C. Sec.  7106. 
Pre-decisional involvement takes place before the bargaining 
process.
    2. The basic principles that underlie pre-decisional involvement 
are as follows:
    a. The pre-decisional process begins early: as soon as 
management identifies an issue or problem that it intends to address 
but before the scope of the problem has been defined or potential 
solutions are evaluated.
    b. Information is shared freely during the entire process.
    c. There is an understanding of confidentiality.
    d. The parties use interest-based problem solving.
    e. The parties must have a high degree of commitment to the 
process and to achieving their shared goals.
    3. The Committee is responsible for reaching a common 
understanding on the structure of their pre-decisional involvement 
process.
    4. Pre-decisional involvement does not waive management's 
statutory right to make decisions under 5 U.S.C. Sec.  7106, nor 
does it waive the NTEU's right to engage in bargaining prior to 
implementation consistent with 5 U.S.C. Sec.  7106. Either party 
retains the right to reject any recommendations and/or proposed 
agreements arrived at during discussions. It is understood that no 
agreement will become final and binding until the parties have 
signed a written agreement to memorialize the terms. Pre-decisional 
involvement may result in an agreement on an issue, which should be 
memorialized in a Memorandum of Understanding (MOU) that eliminates 
the need for further bargaining on the matter. Agency head review is 
required for any MOU that the parties propose.
    5. ACF recognizes that bargaining unit employees represented by 
NTEU are an essential source of ideas and information about the 
realities of achieving the ACF's mission. Their input generated 
through the Committee will assist management in making better 
informed decisions before making changes in working conditions that 
affect them. It is the intent of the parties that collaboration will 
result in less formal bargaining and/or fewer issues that must be 
referred to the collective bargaining process.

Structure

Composition

    1. Membership: The Committee will consist of eight members, four 
NTEU representatives and four management representatives. All 
members of the Committee must be current and active employees of 
ACF. In addition, an Executive Secretary will be appointed by the 
Co-Chairs to perform administrative duties as directed by the 
Committee. The ACF Deputy Assistant Secretary for Administration and 
the NTEU National President, or their designees, will be considered 
ex officio members of the Committee. NTEU representatives will be 
appointed by the NTEU National President and management 
representatives will be appointed by the ACF Deputy Assistant 
Secretary for Administration or his/her designee. The parties will 
provide the names of appointed committee members and alternates as 
soon as possible, but no later than 30 days from the date of 
execution of this Charter. In the event that a committee member is 
no longer able to serve, a replacement member will be appointed as 
soon as possible, but no later than 30 days after the original 
committee member resigns. NTEU and ACF may each appoint one 
alternate. Alternates can participate fully in discussions but not 
in decisions. NTEU's representatives will be allocated appropriate 
official time to prepare for and participate in in the Committee, to 
include travel time to and from each meeting.
    2. Co-Chairs: NTEU and ACF will each appoint a Committee Co-
Chair for a term to be established individually by each entity.
    3. Guests: NTEU and ACF may each invite two non-member guests 
per committee meeting. Guests may provide information and their 
individual views to the Committee and may fully participate in 
committee discussions, but will not be involved in the decision 
making process of the Committee and shall not be involved in making 
final recommendations to ACF management. Guests may vary per 
meeting, and may include, but are not limited to, individuals from 
NTEU's national office, retired/former federal government employees, 
and the Department's National Labor Relations Office.
    Decision Making: All Committee members have equal status during 
Committee deliberations. The Committee has authority to recommend 
action to ACF management and NTEU. However, the Committee can only 
make decisions regarding recommendations when a quorum is present. A 
quorum exists when at least three representatives from labor and 
three representatives from ACF are present. When there is no quorum, 
meetings may still be held to discuss issues, however no decisions 
may be made. All decisions must be made by consensus. If consensus 
is

[[Page 4343]]

not reached, each party may use its statutory and other rights as 
specified in the ``Preservation of Rights'' section below. This 
decision making process will be evaluated by the Committee after one 
full year of its operation.
    Meeting Schedule and Logistics: The Committee will meet on a 
quarterly basis or more frequently by consensus of its members. The 
Committee will normally meet at ACF Central Office in Washington, 
DC, but may also meet at another location by consensus. If a 
Committee member is unable to physically attend a meeting, he/she 
may participate by phone or video teleconferencing. The date and 
time for any meetings will be established by mutual agreement. 
Committee meetings may be held in conjunction with other meetings 
where it is deemed cost effective and there is consensus.
    Working Groups: The Committee has the authority to form 
workgroups that may include individuals who are not members of the 
Committee. Any such workgroups will be given their charge and/or 
responsibilities from the LMC in writing. Non-Committee member 
bargaining unit participants on such groups will be appointed by 
NTEU and will be provided appropriate official time to participate 
in workgroup activities.
    Support: The Committee will use the services of a facilitator 
trained in interest-based bargaining techniques as needed. The 
appointed Executive Secretary will provide administrative support to 
the Committee. Such support shall include creation and dissemination 
of meeting agenda and minutes, announcements of meetings, and other 
matters as determined by the Committee. The Agency will make 
available the use of video and telephone conferencing for the 
participation of all committee members at meetings. The Agency will 
provide meeting rooms for LMC meetings.
    Participation: The Agency encourages the use of video and 
telephone conferencing for the participation of those members who 
are domiciled outside the 50 mile radius of Washington, DC, and will 
provide the necessary equipment to facilitate the process. Union 
representatives will be granted official time for preparation and 
participation in the meetings, pursuant to Article 10 of the 
Collective Bargaining Agreement. The Agency will pay for all 
reasonable local travel expenses, namely transportation and parking. 
For those participants domiciled outside the 50 mile radius, the 
Agency agrees to reimburse the Union representatives 50 percent of 
reasonable travel expenses, including transportation, lodging, and 
per diem.
    In the interest of facilitating the working relations among the 
members, the Agency agrees to assume the full costs associated with 
travel, including transportation, lodging and per diem for 
participants for the first scheduled meeting of the Committee. For 
all subsequent meetings, the Agency will reimburse the Union 
representatives for 50 percent as stated above.
    Agenda Development and Dissemination: The LMC's potential agenda 
items will be submitted to the Co-Chairs who will mutually establish 
a formal agenda for the next LMC meeting. The formal agenda will be 
distributed to all LMC members at least three work days prior to the 
next LMC meeting. For issues requiring a decision by the LMC, all 
proposals or related materials will be distributed to the LMC 
members as soon as possible but no later than seven work days prior 
to the meeting at which the decision will need to be made.
    Communication: Final, approved minutes of the Committee will be 
disseminated and made available to all ACF employees via methods 
determined by the Committee.

Evaluation

    The Committee will evaluate its progress on an annual basis. It 
will determine whether to renew its procedures and/or to make 
changes in any aspect of the LMC.

Preservation of Rights

    Cooperation is not intended to supplant the decision-making 
authority, or to usurp the responsibility of agency management, but 
to further involve ACF employees in developing ACF decisions through 
the active and systematic participation of NTEU and those it 
represents who perform ACF's work. This LMC is based on the belief 
that NTEU participation in ACF decision-making will promote 
decisions of such a nature that the need for formal bargaining will 
be reduced and, where bargaining becomes necessary, will inform and 
facilitate the negotiations.
    Accordingly, subject to statute, executive orders, and the 
collective bargaining agreement, ACF reserves the right to determine 
whether to implement recommendations arising from the cooperation 
endeavor, and NTEU reserves the right to bargain concerning the 
substance, impact and implementation of final ACF decisions prior to 
implementation. The ACF recognizes its statutory, regulatory, and/or 
contractual obligations to provide notification to NTEU and to 
bargain.

Effective Date, Duration, and Modifications

    This LMC shall be instituted upon the date the parties have 
signed the Charter. The partners may amend or supplement this 
Agreement at any time upon consensus. This Agreement may be 
terminated by either of the parties to this Agreement. Termination 
by either party shall be provided in writing and shall be considered 
effective exactly 30 calendar days after receipt by the recipient 
party. Notification of termination shall be sent out in a written 
notice to all ACF staff within 10 days of the termination and shall 
be published in the Federal Register within 30 days of the 
termination.
    On behalf of NTEU and ACF, the undersigned execute this 
Agreement on this 30th day of December, 2016, by Anthony Reardon, 
NTEU National President; Mark H. Greenberg, Acting Assistant 
Secretary for Children and Families; and Benjamin Goldhaber, Deputy 
Assistant Secretary for Administration, Administration for Children 
and Families.

    Dated: January 6, 2017.
Mark H. Greenberg,
Assistant Secretary for Children and Families.
[FR Doc. 2017-00655 Filed 1-12-17; 8:45 am]
 BILLING CODE 4184-01-P



                                                                                       Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                                 4341

                                                    Leroy A. Richardson,                                         empirical knowledge about the                          approximately 15 months after random
                                                    Chief, Information Collection Review Office,                 effectiveness of programs for low-                     assignment, and data collection through
                                                    Office of Scientific Integrity, Office of the                income individuals and families to                     in-depth interviews for a small sample
                                                    Associate Director for Science, Office of the                achieve educational credentials, attain                of study participants (approved August
                                                    Director, Centers for Disease Control and                    employment, and advance to positions                   2013); and a third for a second follow-
                                                    Prevention.                                                  that enable self-sufficiency.                          up survey of participants administered
                                                    [FR Doc. 2017–00590 Filed 1–12–17; 8:45 am]                     PACE is one project within the                      36 months after random assignment
                                                    BILLING CODE 4163–18–P                                       broader portfolio of research that the                 (approved December 2014).
                                                                                                                 ACF Office of Planning, Research, and                     This Federal Register Notice provides
                                                                                                                 Evaluation (OPRE) is utilizing to assess               the opportunity to comment on a
                                                    DEPARTMENT OF HEALTH AND                                     the success of career pathways programs
                                                    HUMAN SERVICES                                                                                                      proposed new information collection
                                                                                                                 and models. In addition to PACE, this                  activity for PACE—a third follow-up
                                                                                                                 strategy includes a multi-pronged                      survey for PACE participants
                                                    Administration for Children and                              research and evaluation approach for
                                                    Families                                                                                                            approximately 72 months after program
                                                                                                                 the Health Profession Opportunity                      enrollment. The purpose of the survey
                                                                                                                 Grants (HPOG) Program to better                        is to follow-up with study participants
                                                    Proposed Information Collection
                                                                                                                 understand and assess the activities                   to document their education and
                                                    Activity; Comment Request
                                                                                                                 conducted and their results. In order to
                                                                                                                                                                        training experiences; employment
                                                       Title: Pathways for Advancing Careers                     maximize learning across this portfolio,
                                                                                                                                                                        experiences including their
                                                    and Education (PACE): Third Follow-Up                        survey development for the HPOG and
                                                                                                                                                                        advancement in their career; economic
                                                    Data Collection.                                             PACE baseline and follow up surveys
                                                                                                                                                                        well-being; student debt and repayment
                                                       OMB No.: 0970–0397.                                       has been coordinated, and the majority
                                                       Description: The Administration for                                                                              status; and parenting practices and child
                                                                                                                 of the data elements collected in these
                                                    Children and Families (ACF), U.S.                                                                                   outcomes for participants with children.
                                                                                                                 surveys are similar. (See OMB Control
                                                    Department of Health and Human                               #0970–0394 for HPOG data collection.)                     Previously approved collection
                                                    Services (HHS), is proposing a data                             Three data collection efforts have                  activities under 0970–0397 will
                                                    collection activity as part of the                           been approved for PACE: One for                        continue under this new request,
                                                    Pathways for Advancing Careers (PACE)                        baseline data collection (approved                     specifically the 36-Month Follow-Up
                                                    evaluation. PACE is an evaluation of                         November 2011); a second for data                      Survey and Follow-Up Survey Contact
                                                    nine promising career pathways                               collection activities to document                      Information Update Letters.
                                                    strategies to promote education,                             program implementation, data                              Respondents: Individuals enrolled in
                                                    employment, and self-sufficiency. The                        collection activities for an initial follow-           the PACE study at programs selected for
                                                    major goal of PACE is to increase the                        up survey of participants administered                 long-term follow-up.

                                                                                                                        ANNUAL BURDEN ESTIMATES
                                                                                                               [This information request is for a three-year period]

                                                                                                                                                                       Number of
                                                                                                                                 Total number          Annual                              Average
                                                                                                                                                                        responses                          Annual
                                                                                  Instrument                                           of            number of                           burden hours
                                                                                                                                                                           per                          burden hours
                                                                                                                                 respondents        respondents                          per response
                                                                                                                                                                       respondent

                                                    72-Month Follow-Up Survey ................................................      3,600                 1,200             1                0.75          1,125.



                                                      Estimated Total Annual Burden                              for the proper performance of the                      DEPARTMENT OF HEALTH AND
                                                    Hours: 1,125.                                                functions of the agency, including                     HUMAN SERVICES
                                                      In compliance with the requirements                        whether the information shall have
                                                    of Section 3506(c)(2)(A) of the                              practical utility; (b) the accuracy of the             Administration for Children and
                                                    Paperwork Reduction Act of 1995, the                         agency’s estimate of the burden of the                 Families
                                                    Administration for Children and                              proposed collection of information; (c)
                                                    Families is soliciting public comment                                                                               Statement of Organization, Functions,
                                                                                                                 the quality, utility, and clarity of the
                                                    on the specific aspects of the                                                                                      and Delegations of Authority
                                                                                                                 information to be collected; and (d)
                                                    information collection described above.                      ways to minimize the burden of the                     AGENCY: Administration for Children
                                                    Copies of the proposed collection of                         collection of information on                           and Families, HHS.
                                                    information can be obtained and                              respondents, including through the use                 ACTION: Notice.
                                                    comments may be forwarded by writing                         of automated collection techniques or
                                                    to the Administration for Children and                       other forms of information technology.                 SUMMARY:   Statement of Organizations,
                                                    Families, Office of Planning, Research,                      Consideration will be given to                         Functions, and Delegations of
                                                    and Evaluation, 330 C Street SW.,                                                                                   Authority. The Administration for
                                                                                                                 comments and suggestions submitted
                                                    Washington, DC 20201, Attn: OPRE                                                                                    Children and Families (ACF) and the
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                                                                                                                 within 60 days of this publication.
                                                    Reports Clearance Officer. Email                                                                                    National Treasury Employees Union
                                                    address: OPREinfocollection@                                 Mary Jones,                                            (NTEU) have renewed the ACF Labor
                                                    acf.hhs.gov. All requests should be                          ACF/OPRE Certifying Officer.                           Management Committee Charter.
                                                    identified by the title of the information                   [FR Doc. 2017–00583 Filed 1–12–17; 8:45 am]            FOR FURTHER INFORMATION CONTACT:
                                                    collection.                                                                                                         Benjamin Goldhaber, Deputy Assistant
                                                                                                                 BILLING CODE 4184–09–P
                                                      The Department specifically requests                                                                              Secretary for Administration, 330 C
                                                    comments on (a) whether the proposed                                                                                Street SW., Washington, DC 20201,
                                                    collection of information is necessary                                                                              (202) 795–7790.


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                                                    4342                            Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices

                                                      The ACF Labor Management                              others of mutual interest to committee                 about the realities of achieving the ACF’s
                                                    Committee Charter is being published as                 members and providing proposed                         mission. Their input generated through the
                                                    follows:                                                recommendations to ACF and NTEU                        Committee will assist management in making
                                                                                                            leadership;                                            better informed decisions before making
                                                    Cooperation Agreement and Charter for the                  • Discussing issues and developing                  changes in working conditions that affect
                                                    Labor Management Committee (LMC) the                    proposed recommendations on items referred             them. It is the intent of the parties that
                                                    Administration for Children and Families                to the Committee by ACF or NTEU                        collaboration will result in less formal
                                                    (ACF) and National Treasury Employees                   leadership;                                            bargaining and/or fewer issues that must be
                                                    Union (NTEU)                                               • Exchanging facts and information about            referred to the collective bargaining process.
                                                      The Administration for Children and                   agency-wide issues affecting management,
                                                                                                            labor and mission achievement, and serving             Structure
                                                    Families (ACF) and the National Treasury
                                                    Employees Union (NTEU) jointly establish                as a forum for discussion of such issues; and          Composition
                                                    the ACF/NTEU Labor Management                              • Promoting and facilitating labor-                    1. Membership: The Committee will
                                                    Committee (Committee or LMC). The parties               management cooperation throughout ACF,                 consist of eight members, four NTEU
                                                    recognize that a strong relationship between            including cooperative relationships at all             representatives and four management
                                                    labor and management as true and equal                  appropriate levels.                                    representatives. All members of the
                                                    partners is essential in order for ACF to                  The Parties recognize that although the             Committee must be current and active
                                                    continue to deliver high quality human                  work of the Committee may reduce the need              employees of ACF. In addition, an Executive
                                                    services to the American people as well as              for formal bargaining, the discussion of               Secretary will be appointed by the Co-Chairs
                                                    continue to recognize and value its                     issues by the Committee does not relieve the           to perform administrative duties as directed
                                                    employees and their union representation.               Agency of its bargaining obligations under             by the Committee. The ACF Deputy Assistant
                                                    This cooperative relationship envisions the             the Federal Labor-Management Relations                 Secretary for Administration and the NTEU
                                                    open sharing of information at the earliest             Statute (the Statute), absent explicit                 National President, or their designees, will be
                                                    pre-decisional stage thereby engendering                agreement by the Union.                                considered ex officio members of the
                                                    mutual trust and respect.                                                                                      Committee. NTEU representatives will be
                                                                                                            Principles
                                                    Purpose and Objectives                                                                                         appointed by the NTEU National President
                                                                                                               1. ACF allows employees through their               and management representatives will be
                                                      The Committee’s goal is to establish an               union representatives to have pre-decisional           appointed by the ACF Deputy Assistant
                                                    ACF/NTEU labor-management culture that                  involvement in workplace matters to the                Secretary for Administration or his/her
                                                    fosters the full development and utilization            fullest extent practicable without regard to           designee. The parties will provide the names
                                                    of employees’ skills, knowledge, expertise              whether those matters are negotiable subjects          of appointed committee members and
                                                    and capabilities through cooperative dialogue           of bargaining pursuant to 5 U.S.C. § 7106.             alternates as soon as possible, but no later
                                                    and endeavors with ACF employees and their              Pre-decisional involvement takes place                 than 30 days from the date of execution of
                                                    union representative.                                   before the bargaining process.                         this Charter. In the event that a committee
                                                      In pursuit of this goal, the Committee sets              2. The basic principles that underlie pre-          member is no longer able to serve, a
                                                    forth the following objectives:                         decisional involvement are as follows:                 replacement member will be appointed as
                                                      • Focus on ACF mission achievement by                    a. The pre-decisional process begins early:
                                                    serving the public interest first;                                                                             soon as possible, but no later than 30 days
                                                                                                            as soon as management identifies an issue or           after the original committee member resigns.
                                                      • Promote a quality workplace through                 problem that it intends to address but before
                                                    improved working conditions and enhanced                                                                       NTEU and ACF may each appoint one
                                                                                                            the scope of the problem has been defined or           alternate. Alternates can participate fully in
                                                    working relationships;                                  potential solutions are evaluated.
                                                      • Provide a communication and                                                                                discussions but not in decisions. NTEU’s
                                                                                                               b. Information is shared freely during the          representatives will be allocated appropriate
                                                    information sharing channel for all                     entire process.
                                                    bargaining-unit employees through their                                                                        official time to prepare for and participate in
                                                                                                               c. There is an understanding of                     in the Committee, to include travel time to
                                                    union representatives;
                                                                                                            confidentiality.                                       and from each meeting.
                                                      • Enhance and establish policy and
                                                                                                               d. The parties use interest-based problem              2. Co-Chairs: NTEU and ACF will each
                                                    program improvement initiatives through
                                                                                                            solving.                                               appoint a Committee Co-Chair for a term to
                                                    pre-decisional involvement of NTEU without
                                                                                                               e. The parties must have a high degree of           be established individually by each entity.
                                                    regard to whether those matters are
                                                    negotiable subjects of bargaining under 5               commitment to the process and to achieving                3. Guests: NTEU and ACF may each invite
                                                    U.S.C. § 7106;                                          their shared goals.                                    two non-member guests per committee
                                                      • Make a good-faith effort to resolve issues             3. The Committee is responsible for                 meeting. Guests may provide information
                                                    concerning proposed changes in conditions               reaching a common understanding on the                 and their individual views to the Committee
                                                    of employment as it relates to numbers,                 structure of their pre-decisional involvement          and may fully participate in committee
                                                    types, and grades of employees and positions            process.                                               discussions, but will not be involved in the
                                                    assigned to any organizational subdivision,                4. Pre-decisional involvement does not              decision making process of the Committee
                                                    work product, or tour of duty; and the                  waive management’s statutory right to make             and shall not be involved in making final
                                                    technology, methods, and means of                       decisions under 5 U.S.C. § 7106, nor does it           recommendations to ACF management.
                                                    performing work;                                        waive the NTEU’s right to engage in                    Guests may vary per meeting, and may
                                                      • Identify and target mutual interests and            bargaining prior to implementation                     include, but are not limited to, individuals
                                                    shared problems and craft solutions;                    consistent with 5 U.S.C. § 7106. Either party          from NTEU’s national office, retired/former
                                                      • Respect each other as equal partners in             retains the right to reject any                        federal government employees, and the
                                                    order to address issues from a problem-                 recommendations and/or proposed                        Department’s National Labor Relations
                                                    solving, interest based, and cooperative                agreements arrived at during discussions. It           Office.
                                                    perspective;                                            is understood that no agreement will become              Decision Making: All Committee members
                                                      • Promote cooperative labor-management                final and binding until the parties have               have equal status during Committee
                                                    working relationships across the Agency; and            signed a written agreement to memorialize              deliberations. The Committee has authority
                                                      • Provide a forum from which to build                 the terms. Pre-decisional involvement may              to recommend action to ACF management
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                                                    mutual trust, respect, and understanding                result in an agreement on an issue, which              and NTEU. However, the Committee can only
                                                    between the partners.                                   should be memorialized in a Memorandum                 make decisions regarding recommendations
                                                                                                            of Understanding (MOU) that eliminates the             when a quorum is present. A quorum exists
                                                    Scope                                                   need for further bargaining on the matter.             when at least three representatives from labor
                                                      The ACF LMC will implement the                        Agency head review is required for any MOU             and three representatives from ACF are
                                                    purposes and objectives on which it is                  that the parties propose.                              present. When there is no quorum, meetings
                                                    founded by:                                                5. ACF recognizes that bargaining unit              may still be held to discuss issues, however
                                                      • Identifying issues impacting ACF’s                  employees represented by NTEU are an                   no decisions may be made. All decisions
                                                    mission, labor-management relations, and                essential source of ideas and information              must be made by consensus. If consensus is



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                                                                                    Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                             4343

                                                    not reached, each party may use its statutory           next LMC meeting. The formal agenda will be            DEPARTMENT OF HEALTH AND
                                                    and other rights as specified in the                    distributed to all LMC members at least three          HUMAN SERVICES
                                                    ‘‘Preservation of Rights’’ section below. This          work days prior to the next LMC meeting. For
                                                    decision making process will be evaluated by            issues requiring a decision by the LMC, all            Food and Drug Administration
                                                    the Committee after one full year of its                proposals or related materials will be
                                                    operation.                                              distributed to the LMC members as soon as
                                                       Meeting Schedule and Logistics: The                  possible but no later than seven work days             [Docket No. FDA–2014–D–1524]
                                                    Committee will meet on a quarterly basis or             prior to the meeting at which the decision
                                                    more frequently by consensus of its members.            will need to be made.                                  Repackaging of Certain Human Drug
                                                    The Committee will normally meet at ACF                    Communication: Final, approved minutes              Products by Pharmacies and
                                                    Central Office in Washington, DC, but may               of the Committee will be disseminated and              Outsourcing Facilities; Final Guidance
                                                    also meet at another location by consensus.             made available to all ACF employees via                for Industry; Availability
                                                    If a Committee member is unable to                      methods determined by the Committee.
                                                    physically attend a meeting, he/she may                 Evaluation                                             AGENCY:   Food and Drug Administration,
                                                    participate by phone or video                                                                                  HHS.
                                                    teleconferencing. The date and time for any               The Committee will evaluate its progress
                                                    meetings will be established by mutual                  on an annual basis. It will determine whether          ACTION:   Notice of availability.
                                                    agreement. Committee meetings may be held               to renew its procedures and/or to make
                                                    in conjunction with other meetings where it             changes in any aspect of the LMC.                      SUMMARY:   The Food and Drug
                                                    is deemed cost effective and there is                   Preservation of Rights                                 Administration (FDA or the Agency) is
                                                    consensus.                                                                                                     announcing the availability of a final
                                                                                                              Cooperation is not intended to supplant
                                                       Working Groups: The Committee has the
                                                                                                            the decision-making authority, or to usurp
                                                                                                                                                                   guidance for industry entitled
                                                    authority to form workgroups that may                                                                          ‘‘Repackaging of Certain Human Drug
                                                                                                            the responsibility of agency management, but
                                                    include individuals who are not members of                                                                     Products by Pharmacies and
                                                                                                            to further involve ACF employees in
                                                    the Committee. Any such workgroups will be                                                                     Outsourcing Facilities.’’ This guidance
                                                                                                            developing ACF decisions through the active
                                                    given their charge and/or responsibilities
                                                    from the LMC in writing. Non-Committee
                                                                                                            and systematic participation of NTEU and               describes the conditions under which
                                                                                                            those it represents who perform ACF’s work.            FDA does not intend to take action for
                                                    member bargaining unit participants on such             This LMC is based on the belief that NTEU
                                                    groups will be appointed by NTEU and will                                                                      violations of certain provisions of the
                                                                                                            participation in ACF decision-making will              Federal Food, Drug, and Cosmetic Act
                                                    be provided appropriate official time to                promote decisions of such a nature that the
                                                    participate in workgroup activities.                    need for formal bargaining will be reduced             (the FD&C Act), when a State-licensed
                                                       Support: The Committee will use the                  and, where bargaining becomes necessary,               pharmacy, a Federal facility, or an
                                                    services of a facilitator trained in interest-          will inform and facilitate the negotiations.           outsourcing facility repackages certain
                                                    based bargaining techniques as needed. The                Accordingly, subject to statute, executive           human drug products.
                                                    appointed Executive Secretary will provide              orders, and the collective bargaining
                                                    administrative support to the Committee.                                                                       DATES: Submit either electronic or
                                                                                                            agreement, ACF reserves the right to
                                                    Such support shall include creation and                 determine whether to implement                         written comments on Agency guidances
                                                    dissemination of meeting agenda and                     recommendations arising from the                       at any time.
                                                    minutes, announcements of meetings, and                 cooperation endeavor, and NTEU reserves                ADDRESSES: You may submit comments
                                                    other matters as determined by the                      the right to bargain concerning the substance,         as follows:
                                                    Committee. The Agency will make available               impact and implementation of final ACF
                                                    the use of video and telephone conferencing             decisions prior to implementation. The ACF             Electronic Submissions
                                                    for the participation of all committee                  recognizes its statutory, regulatory, and/or
                                                    members at meetings. The Agency will                    contractual obligations to provide                       Submit electronic comments in the
                                                    provide meeting rooms for LMC meetings.                 notification to NTEU and to bargain.                   following way:
                                                       Participation: The Agency encourages the                                                                      • Federal eRulemaking Portal: http://
                                                    use of video and telephone conferencing for             Effective Date, Duration, and Modifications            www.regulations.gov. Follow the
                                                    the participation of those members who are                 This LMC shall be instituted upon the date          instructions for submitting comments.
                                                    domiciled outside the 50 mile radius of                 the parties have signed the Charter. The               Comments submitted electronically,
                                                    Washington, DC, and will provide the                    partners may amend or supplement this
                                                                                                                                                                   including attachments, to http://
                                                    necessary equipment to facilitate the process.          Agreement at any time upon consensus. This
                                                    Union representatives will be granted official          Agreement may be terminated by either of               www.regulations.gov will be posted to
                                                    time for preparation and participation in the           the parties to this Agreement. Termination by          the docket unchanged. Because your
                                                    meetings, pursuant to Article 10 of the                 either party shall be provided in writing and          comment will be made public, you are
                                                    Collective Bargaining Agreement. The                    shall be considered effective exactly 30               solely responsible for ensuring that your
                                                    Agency will pay for all reasonable local                calendar days after receipt by the recipient           comment does not include any
                                                    travel expenses, namely transportation and              party. Notification of termination shall be            confidential information that you or a
                                                    parking. For those participants domiciled               sent out in a written notice to all ACF staff          third party may not wish to be posted,
                                                    outside the 50 mile radius, the Agency agrees           within 10 days of the termination and shall
                                                                                                                                                                   such as medical information, your or
                                                    to reimburse the Union representatives 50               be published in the Federal Register within
                                                                                                            30 days of the termination.                            anyone else’s Social Security number, or
                                                    percent of reasonable travel expenses,
                                                    including transportation, lodging, and per                 On behalf of NTEU and ACF, the                      confidential business information, such
                                                    diem.                                                   undersigned execute this Agreement on this             as a manufacturing process. Please note
                                                       In the interest of facilitating the working          30th day of December, 2016, by Anthony                 that if you include your name, contact
                                                    relations among the members, the Agency                 Reardon, NTEU National President; Mark H.              information, or other information that
                                                    agrees to assume the full costs associated              Greenberg, Acting Assistant Secretary for              identifies you in the body of your
                                                    with travel, including transportation, lodging          Children and Families; and Benjamin                    comments, that information will be
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and per diem for participants for the first             Goldhaber, Deputy Assistant Secretary for
                                                                                                                                                                   posted on http://www.regulations.gov.
                                                                                                            Administration, Administration for Children
                                                    scheduled meeting of the Committee. For all
                                                                                                            and Families.                                            • If you want to submit a comment
                                                    subsequent meetings, the Agency will
                                                                                                                                                                   with confidential information that you
                                                    reimburse the Union representatives for 50                Dated: January 6, 2017.
                                                    percent as stated above.                                                                                       do not wish to be made available to the
                                                                                                            Mark H. Greenberg,                                     public, submit the comment as a
                                                       Agenda Development and Dissemination:
                                                                                                            Assistant Secretary for Children and Families.         written/paper submission and in the
                                                    The LMC’s potential agenda items will be
                                                    submitted to the Co-Chairs who will                     [FR Doc. 2017–00655 Filed 1–12–17; 8:45 am]            manner detailed (see ‘‘Written/Paper
                                                    mutually establish a formal agenda for the              BILLING CODE 4184–01–P                                 Submissions’’ and ‘‘Instructions’’).


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Document Created: 2017-01-13 02:45:11
Document Modified: 2017-01-13 02:45:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactBenjamin Goldhaber, Deputy Assistant Secretary for Administration, 330 C Street SW., Washington, DC 20201, (202) 795-7790.
FR Citation82 FR 4341 

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