[Federal Register: February 16, 1999 (Volume 64, Number 30)]
[Notices]
[Page 7635-7636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe99-50]
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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: Notice is hereby given that on May 18, 1998, an arbitration
panel rendered a decision in the matter of Georgia Middendorf v.
Washington State Department of Services for the Blind (Docket No. R-S/
96-8). This panel was convened by the U.S. Department of Education
pursuant to 20 U.S.C. 107d-1(a), upon receipt of a complaint filed by
petitioner, Georgia Middendorf.
FOR FURTHER INFORMATION: A copy of the full text of the arbitration
panel decision may be obtained from George F. Arsnow, U.S. Department
of Education, 600 Maryland Avenue, S.W., Room 3230, Mary E. Switzer
Building, Washington, D.C. 20202-2738. Telephone: (202) 205-9317.
Individuals who use a telecommunications device for the deaf (TDD) may
call the TDD number at (202) 205-8298.
Individuals with disabilities may obtain this document in an
alternate format (e.g. Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
Electronic Access To This Document
Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:
http://ocfo.ed.gov/fedreg.htm
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To use the pdf you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using pdf, call the U.S. Government Printing
Office toll free at 1-888-293-6498.
Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins and Press Releases.
Note: The official version of a document is the document
published in the Federal Register.
SUPPLEMENTARY INFORMATION: Pursuant to the Randolph-Sheppard 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 concerns the alleged improper termination of Georgia
Middendorf's operator license by the Washington State Department of
Services for the Blind, the State licensing agency (SLA). In 1981,
following training with the SLA's Business Enterprise Program,
complainant operated a dry stand in Seattle, Washington. Later that
year, Ms. Middendorf began operating a cafeteria in the county
courthouse in Everett, Washington. Complainant operated this facility
for four years before resigning due to personal problems.
Subsequently, complainant operated a snack bar vending facility in
a State building in Olympia, Washington for four years. In 1989, Ms.
Middendorf resigned as the result of friction between the building
management and some members of her staff. In 1991, Ms. Middendorf was
licensed to operate a snack bar and espresso cart in the County-City
Building located in Tacoma, Washington. Difficulties and concerns in
the management of the operation were identified by the building
management and the SLA, but these issues improved late in 1991. At the
close of 1991, complainant's husband was diagnosed with a terminal
illness and subsequently died in 1992. During this period of time, the
quality of service and cleanliness declined dramatically at the snack
bar and espresso cart operation, and the SLA counseled Ms. Middendorf
concerning the need to improve the quality of service. Complainant was
not receptive. In 1993, Ms. Middendorf resigned.
In August 1995, complainant was the sole bidder for a cafeteria
vending facility at the Social Security Administration (SSA) in Auburn,
Washington. The SLA awarded the contract to Ms. Middendorf pursuant to
its rules and regulations as she was the only eligible bidder.
The SLA, SSA, and General Services Administration (GSA), the
property managing agency, made a concerted effort to assist Ms.
Middendorf in succeeding in the operation of the SSA cafeteria.
However, increasing complaints from the patrons concerning both the
food and cleanliness prompted both GSA and SSA to complain to the SLA.
The SLA responded by devising a corrective action plan with the
goal of
[[Page 7636]]
assisting the complainant in addressing such issues as better food
preparation and improved appearance, demeanor, and attitude of
complainant and her staff. Complainant agreed to the corrective action
plan, but it was never implemented.
In November 1995, GSA and SSA demanded that Ms. Middendorf be
removed from the operation of the cafeteria based upon her
unsatisfactory performance. On November 30, GSA and SSA met with the
SLA and the complainant. GSA and SSA requested the immediate
resignation of complainant. Ms. Middendorf refused, and GSA cancelled
the SLA's permit to operate the cafeteria.
The SLA protested the cancellation of its permit and indicated to
GSA its plan to request arbitration of the matter. Subsequently, GSA
withdrew cancellation of the SLA's permit. The SLA resumed operation of
the cafeteria. However, under the settlement agreement, complainant was
not allowed to return.
On January 23, 1996, the Director of the SLA met with complainant.
She was advised in writing of the deficiencies in her operation and
complainant was informed that unless she would undertake a six-month
training program, the SLA would cancel her license. Complainant
rejected the SLA's proposal. The SLA then cancelled Ms. Middendorf's
license.
Ms. Middendorf requested and received a State evidentiary fair
hearing on April 18, 1996. On April 30, the Administrative Law Judge
(ALJ) sustained the cancellation of complainant's license. It was this
final agency action that Ms. Middendorf sought to have reviewed by a
Federal arbitration panel. A Federal arbitration of this matter was
held on June 19 and 20, 1997.
Arbitration Panel Decision
The issue before the arbitration panel was whether the Washington
State Department of Services for the Blind acted properly and within
the scope of its authority under the Randolph-Sheppard Act and
implementing regulations in revoking Georgia Middendorf's operator
license.
A majority of the panel concluded that, while the SLA needs to be
proactive in assisting vendors under the program to avoid the kind of
complaints about service and sanitation that existed at the SSA
cafeteria, the SLA acted within the scope of its authority in
terminating complainant's license.
One panel member dissented from the majority opinion.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the U.S. Department of Education.
Dated: November 17, 1998.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 99-3627 Filed 2-12-99; 8:45 am]
BILLING CODE 4000-01-P