[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]
[Page 36438-36439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy07-43]
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DEPARTMENT OF EDUCATION
Arbitration Panel Decision Under the Randolph-Sheppard Act
AGENCY: Department of Education.
ACTION: Notice of arbitration panel decision under the Randolph-
Sheppard Act.
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SUMMARY: The Department of Education (Department) gives notice that on
March 30, 2007, an arbitration panel rendered a decision in the matter
of Ronald Carter v. Georgia Department of Labor, Division of
Rehabilitation Services (Case No. R-S/06-2). This panel was convened by
the Department under 20 U.S.C. 107d-1(a), after the Department received
a complaint filed by the petitioner, Ronald Carter.
FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text
of the arbitration panel decision from Suzette E. Haynes, U.S.
Department of Education, 400 Maryland Avenue, SW., room 5022, Potomac
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-7374. If
you use a telecommunications device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard
Act (the Act), 20 U.S.C. 107d-2(c), the Secretary publishes in the
Federal Register a synopsis of each arbitration panel decision
affecting the administration of vending facilities on Federal and other
property.
Background
This dispute concerned alleged violations of the Act, the
implementing regulations in 34 CFR part 395, and State rules and
regulations by the Georgia Department of Labor, Division of
Rehabilitation Services, the State
[[Page 36439]]
licensing agency (SLA) regarding complainant's termination as manager
at Facility 348 at the United States Postal Service's (USPS)
Atlanta Bulk Mail Center.
Summary
Complainant has been a licensed blind vendor in the Georgia
Business Enterprise Program (BEP) for 16 years. In 1999, complainant
was assigned as the vending facility manager at the USPS Atlanta Bulk
Mail Center, Facility 348. Facility 348 is a vending
machine route.
In the termination letter dated September 24, 2004, the SLA
informed the complainant that the USPS was dissatisfied with his
performance for the following reasons: (1) Lack of inventory in the
vending machines, (2) expired food items, (3) failure to maintain
vending machines, (4) complainant's absence from the facility, (5)
limited food selection, and (6) failure to resolve customer service
complaints. The letter further indicated that the USPS threatened to
terminate the permit agreement with the SLA unless there was
improvement regarding the level of service customers received and the
complainant was replaced.
Shortly thereafter, complainant requested an administrative review
concerning his license termination. On November 29, 2004, the SLA
issued a decision denying his petition. In December 2004, complainant
filed for a state fair hearing on this matter, which was held on April
15, 2005. On June 29, 2005, the Administrative Law Judge (ALJ) issued a
decision affirming the SLA's termination of complainant's operator
license.
Subsequently, the SLA informed complainant it had adopted the ALJ's
decision as final agency action. Complainant sought review by a Federal
arbitration panel of that decision.
Arbitration Panel Decision
The issue heard by the panel was whether the actions taken by the
Georgia Department of Labor, Division of Rehabilitation Services
violated the Act, 20 U.S.C. 107 et seq., the implementing regulations
in 34 CFR part 395, and its own rules and regulations concerning the
alleged improper termination of complainant's vending operating license
to manage Facility 348 at the USPS Atlanta Bulk Mail Center.
After reviewing the entire case file and hearing testimony of
witnesses, the majority of the panel ruled that the SLA acted properly
and in full and fair compliance with the Act, implementing regulations,
and State rules and regulations. Therefore, the panel denied
complainant's grievance. One panel member dissented.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the U.S. Department of Education.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
Dated: June 28, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12893 Filed 7-2-07; 8:45 am]
BILLING CODE 4000-01-P