83 FR 35679 - Secretary's Order 05-2018

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 83, Issue 145 (July 27, 2018)

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35679-35680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16127]


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DEPARTMENT OF LABOR

Office of the Secretary


Secretary's Order 05--2018

    Subject: Procedures for Appointment of Individuals to Department of 
Labor Appellate Boards
    1. Purpose. To provide for transparent and consistent processes by 
which the Secretary of Labor shall select and appoint individuals to 
the three appellate boards within the Department of Labor.
    2. Authorities and Directives Affected.
    A. Authorities. This Order is issued pursuant to the following 
authorities:
    i. 29 U.S.C. 551 et seq.;
    ii. 5 U.S.C. 301-02.
    B. Directives Affected. This Order does not affect the authorities 
and responsibilities assigned by any other Secretary's Order, including 
but not limited to Order 02-2012 (77 FR 69378) and Order 03-2006 (20 
CFR 801.201).
    3. Background. The Secretary has the authority and responsibility 
to appoint the members of the Department's three appellate boards: the 
Administrative Review Board (ARB), the Benefits Review Board (BRB), and 
the Employees' Compensation Appeals Board (ECAB). These appointments 
should be made through a transparent and consistent process. 
Accordingly, this Order establishes procedures by which these 
appointments shall be made.
    4. Responsibilities.
    A. The Assistant Secretary for Administration and Management, in 
consultation with the Deputy Secretary, is assigned responsibility for 
issuing written guidance, as necessary, to implement this Order.
    B. The Solicitor of Labor is responsible for providing legal advice 
to DOL on all matters arising in the implementation and administration 
of this Order.
    5. Procedure. The following procedures shall apply to the selection 
and appointment of individuals to the ARB, BRB, and ECAB:
    A. A notice of vacancy and solicitation of applications shall be 
posted in the Federal Register and on the relevant Board's website. The 
vacancy shall be held open for a minimum of thirty days, during which 
applications shall be accepted. The notice shall specify: The name of 
the board; the type of appointment; the duration, if any, of the 
appointment; the minimum criteria for appointment; the documentation an 
applicant must submit for consideration; the deadline by which such 
documentation must be submitted; and the email address and/or physical 
address where documentation may be submitted.
    B. Applications will be directed to the Office of Executive 
Resources (OER) within the Office of the Assistant Secretary for 
Administration and Management (OASAM) to be screened for whether an 
applicant has timely submitted all required documentation and meets the 
minimal qualifications for the position, including vetting potential 
ethics concerns such as conflicts of interest in consultation with 
ethics counsel.
    C. OER will deliver qualified applications to a six-person review 
panel. The members of the panel will be selected by the Secretary or 
the Secretary's designee,\1\ and will consist of three career and three 
non-career Department employees who are members of the Senior Executive 
Service. The Department's Director, Human Resources Center, or her 
designee, shall be present for each meeting of the panel.
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    \1\ In the absence of specific Secretary's designee, the 
Solicitor of Labor shall be the designee.
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    D. The panel will review the qualified applications, and rank the 
candidates. The panel will send the applications of the top-ranked 
candidates to an interview committee, which will be comprised of the 
Deputy Secretary and a career ethics attorney from Office of the 
Solicitor.
    E. The interview committee will interview the top-ranked candidates 
and recommend to the Secretary which candidate should be chosen for the 
position. The interview committee will also provide the Secretary with 
the resumes of the other top-ranked candidates it interviewed but did 
not

[[Page 35680]]

recommend. The Secretary shall make the final decision and appointment, 
or may instead order another candidate search be completed.
    6. Privacy. This Order is subject to the applicable laws, 
regulations, and procedures concerning the privacy of applicants to 
federal government employment.
    7. Exceptions. The requirements of this Order are intended to be 
general in nature, and accordingly shall be construed and implemented 
consistent with more specific requirements of any statute, Executive 
Order, or other legal authority governing a particular board. In the 
event of a conflict, the specific statute, Executive Order, or other 
legal authority shall govern.
    8. Redelegation of Authority. Except as otherwise provided by law, 
all of the authorities delegated in this Order may be redelegated in 
order to serve the purposes of this Order.
    9. Effective Date. This order is effective immediately.

    Dated: June 1, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-16127 Filed 7-26-18; 8:45 am]
 BILLING CODE 4510-04-P