FR Doc E7-12893
[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