FR Doc E7-12138
[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Page 34457-34458]
From the Federal Register Online via GPO Access []
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Arbitration Panel Decision Under the Randolph-Sheppard Act

AGENCY: Department of Education.

ACTION: Notice of arbitration panel decision under the Randolph-
Sheppard Act.


SUMMARY: The Department of Education (Department) gives notice that on 
October 16, 2006, an arbitration panel rendered a decision in the 
matter of Terry Ward v. Ohio Rehabilitation Services Commission, Bureau 
of Services for the Blind (Case No. R-S/05-1). 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, Terry Ward.

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 

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 


    Terry Ward (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

[[Page 34458]]

State rules and regulations surrounding the selection process utilized 
by the SLA to fill a vacancy at Facility 531 located at the 
Wright-Patterson Air Force Base in Dayton, Ohio.


    On March 21, 2003, the SLA announced a vacancy at Facility 
531, a collection of four bagel shops located in buildings 28, 
556, 558, and 560 at the Wright-Patterson Air Force Base in Dayton, 
Ohio. The bid announcement indicated that all applicants were to submit 
a business plan with their application. On April 1, 2003, complainant 
applied for a position at Facility 531 and complied with all 
aspects of the bid announcement. Following the bid closing, complainant 
and another vendor were both being considered for Facility 
    Complainant alleged that the SLA applied its transfer and promotion 
policies incorrectly. Complainant contended that there are six specific 
criteria that the SLA normally uses to rate candidates on a scale of 1 
to 10. Additionally, an interview is also required. Complainant alleged 
that the SLA's selection committee used a different scoring system, 
rating each of the criteria on a scale of 1 to 100 instead of 1 to 10.
    Complainant further alleged that a member of the selection 
committee had a conflict of interest. Specifically, complainant alleged 
that the selection committee member was interested in becoming the 
manager of the location that would be vacated by the other candidate, 
thus, making the selection committee biased toward the other candidate 
to be named the manager of Facility 531. Complainant asserted 
that his scores in training and the fact that he has 120 semester hours 
of college education made him the more qualified candidate for Facility 
    Complainant filed a grievance against the SLA on this matter. A 
hearing on the grievance was scheduled for March 15, 2004, but was 
later cancelled. The parties were instructed by the hearing officer to 
submit to him written briefs on complainant's grievance. On July 23, 
2004, after reviewing the briefs, the hearing officer denied 
complainant's grievance in its entirety. On September 27, 2004, 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

    The issue heard by the panel was whether the actions taken by the 
Ohio Rehabilitation Services Commission, Bureau of Services for the 
Blind concerning the selection process for Facility 531 at 
Wright-Patterson Air Force Base were in accordance with the Act, 
implementing regulations and State rules and regulations regarding the 
operation or administration of the Randolph-Sheppard vending facility 
    After reviewing all of the records and hearing testimony of 
witnesses, the panel ruled that the SLA violated the Act, implementing 
regulations, and State rules and regulations in conducting the 
selection process for Facility 531. The panel issued a four-
part ruling as follows: (1) The SLA must conduct another selection for 
Facility 531; (2) Individuals who served on the previous panel 
are ineligible to participate in the new process, and only the 
complainant and the other vendor are eligible to be considered as 
candidates; (3) In evaluating the two candidates, the SLA is prohibited 
from considering the experience of the other vendor who is currently 
operating Facility 531; and (4) The SLA must reimburse the 
complainant for all attorney fees and other costs that he incurred with 
his complaint. The amount must include all cost and fees from the time 
that the selection committee awarded Facility 531 to the other 
    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:

    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:

    Dated: June 14, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12138 Filed 6-21-07; 8:45 am]