FR 2025-03699

The Federal Mediation and Conciliation Service (FMCS) has put forth a call for public commentary on their Arbitrator's Personal Data Questionnaire, referred to as FMCS Form R-22. This form is part of a submission to the Office of Management Budget (OMB) and is guided by the compliance requirements of the Paperwork Reduction Act. The document's core function is to help FMCS maintain a roster of qualified professional arbitrators. The specific objective is to solicit feedback on whether the data collection process is necessary, burdensome, or could benefit from technological innovations. Comments are expected by May 6, 2025.

General Summary

FMCS is engaging the public and other federal entities to weigh in on the Arbitrator's Personal Data Questionnaire, which serves to appraise the qualifications of private individuals desiring to join a list of professional arbitrators. These arbitrators, who are not FMCS employees, are paid by parties involved in disputes under collective bargaining agreements. By seeking public input, FMCS aims to refine their processes and ensure the most competent individuals make up their roster. The public's involvement is solicited to ascertain the necessity and utility of this information collection, the possible burden on respondents, and opportunities for leveraging technology in the collection process.

Significant Issues or Concerns

Several concerns emerge from the document. Firstly, there is a lack of clarity on who reviews the qualifications provided through FMCS Form R-22, and on the specific criteria used for evaluation. This could raise transparency issues and possibly affect public trust in how arbitrators are selected.

Additionally, the mention of minimizing response burden through "appropriate automated, electronic collection technologies" remains vague. The document fails to specify the technologies or systems that are currently utilized or are planned to be introduced, leaving stakeholders to wonder about the efficiency and modernization of processes.

Privacy and security of the collected electronic data are also not addressed in detail. Without transparency about data protection measures, applicants might have reservations about the safety of their personal information.

Furthermore, the document does not discuss the implications of involving third-party service providers, should any part of the process be outsourced. This could have an impact on data handling and security protocols.

Impact on the Public

For the general public, the document underscores FMCS's commitment to upholding standards of fairness and competency within arbitration. By receiving comments, FMCS potentially opens a channel for broad communal participation in shaping how economic and labor disputes are resolved.

However, unclear processes and insufficient information about data handling might result in a lack of assurance to those wishing to engage as professional arbitrators. Transparent policies and processes can help alleviate these concerns and ensure public confidence in the system.

Impact on Specific Stakeholders

For applicants aspiring to join the FMCS roster, the efficient processing of FMCS Form R-22 alongside clear qualification criteria is crucial. They stand to benefit from a discernible, standardized evaluation process. Any improvements or technological advancements that reduce the form's completion time or facilitate easier submissions can directly benefit these stakeholders.

Arbitrators already on the roster may also benefit indirectly through reinforced public confidence in their abilities and in the system that validates these abilities. However, the gaps in clarity might affect them negatively if they result in perceptions of bias or inefficiency.

In summary, while the initiative to invite public commentary is positive, there are significant areas where FMCS might improve clarity, transparency, and process efficiency to ensure both public trust and operational effectiveness.