[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Proposed Rules]
[Pages 15742-15743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05681]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 /
Proposed Rules
[[Page 15742]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2429
Miscellaneous and General Requirements
AGENCY: Federal Labor Relations Authority.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Federal Labor Relations Authority (FLRA) seeks public
comments on a proposed addition to its regulations. This proposed
addition concerns the revocation of a written assignment of amounts
deducted from the pay of a Federal employee for the payment of regular
and periodic dues allotted to an exclusive representative.
DATES: To be considered, comments must be received on or before April
9, 2020.
ADDRESSES: You may send comments, which must include the caption
``Miscellaneous and General Requirements,'' by one of the following
methods:
Email: [email protected]. Include ``Miscellaneous
and General Requirements'' in the subject line of the message.
Mail or Hand Delivery: Emily Sloop, Chief, Case Intake and
Publication, Federal Labor Relations Authority, Docket Room, Suite 200,
1400 K Street NW, Washington, DC 20424-0001.
Instructions: Do not mail or hand deliver written comments if they
have been submitted via email. Interested persons who mail or hand
deliver written comments must submit an original and 4 copies of each
written comment, with any enclosures, on 8\1/2\ x 11 inch paper.
FOR FURTHER INFORMATION CONTACT: Rebecca Osborne, Deputy Solicitor, at
[email protected] or at: (202) 218-7986.
SUPPLEMENTARY INFORMATION: The FLRA is seeking to assure employees the
fullest freedom in the exercise of their rights under the Federal
Service Labor-Management Relations Statute, including their rights
under 5 U.S.C. 7102 and 7115, in matters directly affecting their pay.
Therefore, the FLRA proposes to define when an employee may initiate
the revocation of a previously authorized assignment of amounts
deducted from the pay of the employee for the payment of regular and
periodic dues allotted to an exclusive representative. In particular,
the FLRA proposes that, after the expiration of the one-year period
during which an assignment may not be revoked under 5 U.S.C. 7115(a),
an employee may initiate the revocation of a previously authorized
assignment at any time that the employee chooses.
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.
Executive Order 13771, Reducing Regulation and Controlling Regulatory
Costs
This proposed rule is not expected to be subject to the
requirements of E.O. 13771 (82 FR 9339, Feb. 3, 2017) because this
proposed rule is expected to be related to agency organization,
management, or personnel.
Executive Order 13132, Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, this proposed rule does not have sufficient federalism
implications to warrant preparation of a federalism assessment.
Executive Order 12988, Civil Justice Reform
This regulation meets the applicable standard set forth in section
3(a) and (b)(2) of Executive Order 12988.
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.
List of Subjects in 5 CFR Part 2429
Administrative practice and procedure, Government employees, Labor
management relations.
Accordingly, for the reasons stated in the preamble, FLRA proposes
to amend 5 CFR part 2429 as follows:
PART 2429--[AMENDED]
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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).
[[Page 15743]]
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2. Add Sec. 2429.19 to subpart A to read as follows:
Sec. 2429.19 Revocation of assignments.
Consistent with the exceptions in 5 U.S.C. 7115(b), after the
expiration of the one-year period during which an assignment may not be
revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation
of a previously authorized assignment at any time that the employee
chooses.
Colleen Duffy Kiko,
Chairman, Federal Labor Relations Authority.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Member DuBester, Dissenting
For reasons expressed in my dissenting opinion in Office of
Personnel Management (OPM),\1\ I strongly disagree with the decision to
commence notice-and-comment rulemaking regarding 5 U.S.C. 7115(a). In
my view, the OPM decision erroneously discards well-reasoned FLRA
precedent governing revocation of union-dues allotments and, therefore,
further weakens the institution of collective bargaining in the federal
sector.
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\1\ 71 FLRA 571, 576-579 (2020) (Dissenting Opinion of Member
DuBester).
[FR Doc. 2020-05681 Filed 3-18-20; 8:45 am]
BILLING CODE 6727-01-P