[Federal Register: November 29, 2007 (Volume 72, Number 229)]
[Notices]
[Page 67599-67600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no07-26]
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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
July 18, 2007, an arbitration panel rendered a decision in the matter
of Frank Malone
[[Page 67600]]
v. Ohio Rehabilitation Services Commission, Bureau of Services for the
Blind (Case No. R-S/04-8). 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, Frank Malone.
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
Frank Malone (Complainant) alleged violations by the Ohio
Rehabilitation Services, Bureau of Services for the Blind, the State
Licensing Agency (SLA), regarding the Act, the implementing regulations
in 34 CFR part 395, and State rules and regulations. Specifically,
Complainant alleged that these violations led to his resignation as
manager of the cafeteria at the Verne Riffe Center for Government and
the Arts (Riffe Center) in Columbus, Ohio.
Additionally, Complainant alleged that the SLA improperly
administered the Randolph-Sheppard Vending Program with respect to the
SLA's rules and regulations concerning rent payments owed by him to the
Ohio Building Authority (OBA), and the SLA's alleged failure to
maximize Complainant's cafeteria facility, thus limiting his vocational
potential.
Summary
Complainant filed a grievance against the SLA on this matter. A
hearing on the grievance was held on August 20, 21, 22, and 26, 2003.
Complainant's grievance was denied. On October 14, 2003, the hearing
officer sustained the SLA's decision concerning the revocation of
Complainant's vending license and ordered that the SLA collect from
Complainant all monies due regarding outstanding rent payments to OBA.
On November 19, 2003, the SLA adopted the hearing officer's order as
final agency action. Complainant sought review by a Federal arbitration
panel of that decision.
Arbitration Panel Decision
After reviewing all of the records and hearing testimony of
witnesses, the panel ruled that the SLA failed in its responsibilities
toward Complainant in violation of the Act, implementing regulations,
and State rules and regulations. Specifically, the panel directed the
SLA to restore Complainant's vending operator's license and reinstate
him in the Business Enterprise program with full seniority.
Further, the panel concluded that Complainant had been deprived of
employment as a licensed vendor for four years, in part as a result of
the SLA's omissions. Therefore, the panel also directed the SLA to
offer Complainant the first available vending facility consistent with
his ability and comparable in size, responsibility, and income
potential as that of his previous assignment at the Riffe Center
cafeteria facility.
Additionally, the panel awarded Complainant damages in the amount
of $93,202.01 for lost profits that he would have earned at the Riffe
Center cafeteria facility less the amount of rent payments owed by
Complainant to the SLA in the amount of $19,254.30. The total amount of
the damage award to be paid by the SLA to Complainant is $73,947.71.
The panel also found insufficient evidence to award further damages
based upon Complainant's claim that he was entitled to an ATM machine
and to have a priority for catering.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the Department.
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: November 26, 2007.
William W. Knudsen,
Deputy Assistant, Secretary for Special Education and Rehabilitative
Services.
[FR Doc. E7-23153 Filed 11-28-07; 8:45 am]
BILLING CODE 4000-01-P