[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Notices]
[Page 34458-34459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn07-50]
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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
October 2, 2006, an arbitration panel rendered a decision in the matter
of Michael Benson v. Georgia Department of Labor, Division of
Rehabilitation Services (Case No. R-S/04-2). 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, Michael Benson.
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 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 licensing agency (SLA), regarding
Michael Benson's (complainant) placement as the licensed manager of a
cafeteria operated under contract at the Federal Law Enforcement
Training Center (FLETC) in Brunswick, Georgia.
Summary
In 1999, the SLA was awarded a contract to operate the FLETC
cafeteria. In March 1999, the SLA, through its nominee agency Georgia
Cooperative Services for the Blind, contracted with Southern Food
Service Management
[[Page 34459]]
(SFM), a private company to act as a teaming partner with the licensed
blind vendor selected to operate the FLETC cafeteria.
In mid 1999, complainant responded to the SLA's bid announcement to
manage the FLETC cafeteria. In July 1999, complainant was selected as
the licensed manager for the FLETC cafeteria and began work in February
2000. In the beginning, complainant felt that there were several
problems, i.e., his office was not completed, he was unable to access
certain computer documents, and he was not provided training.
Additionally, complainant alleged that he had no involvement in the
selection of SFM and that the terms of the teaming agreement required
that he receive a fixed salary with no right to share in the profits.
Further the complainant alleged that the teaming agreement negotiated
between the SLA and SFM left him with no staff support to carry out his
duties as the cafeteria contract manager. On October 11, 2002,
complainant filed a grievance against the SLA on this matter. A fair
hearing on the grievance was held on January 16, 2003, and
complainant's grievance was denied. On May 15, 2003, complainant filed
an appeal. On September 18, 2003, the Administrative Law Judge (ALJ)
issued an order denying the appeal and any relief to the complainant.
The SLA 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
administration of a cafeteria contract at FLETC and the selection of
complainant to manage this facility.
After reviewing all of the records and hearing testimony of
witnesses, the majority of the panel ruled that the SLA followed the
provisions of the Act, and implementing regulations in the
administration of the FLETC cafeteria contract. 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 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: June 14, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12143 Filed 6-21-07; 8:45 am]
BILLING CODE 4000-01-P