Rule2022-24407
Rescission of the Code of Professional Conduct for Labor Mediators
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2022
Effective
November 15, 2022
Issuing agencies
Federal Mediation and Conciliation Service
Abstract
On April 6, 1966, the Federal Mediation and Conciliation Service (FMCS) published a final rule adopting a Code of Professional Conduct for Labor Mediators. After careful review, FMCS finds that this rule is no longer suitable for publication. Therefore, this final rule rescinds the appendix regarding the Code of Professional Conduct for Labor Mediators.
Full Text
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<title>Federal Register, Volume 87 Issue 219 (Tuesday, November 15, 2022)</title>
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[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Rules and Regulations]
[Pages 68357-68358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24407]
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FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1400
RIN 3076-AA21
Rescission of the Code of Professional Conduct for Labor
Mediators
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Final rule; rescission of regulation.
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SUMMARY: On April 6, 1966, the Federal Mediation and Conciliation
Service (FMCS) published a final rule adopting a Code of Professional
Conduct for Labor Mediators. After careful review, FMCS finds that this
rule is no longer suitable for publication. Therefore, this final rule
rescinds the appendix regarding the Code of Professional Conduct for
Labor Mediators.
DATES: This final rule is effective November 15, 2022.
FOR FURTHER INFORMATION CONTACT: Anna Davis, Deputy General Counsel,
Office of General Counsel, Federal Mediation and Conciliation Service,
250 E St. SW, Washington, DC 20427; Office/Fax/Mobile 202-606-3737;
<a href="/cdn-cgi/l/email-protection#ceafaaafb8a7bd8ea8a3adbde0a9a1b8"><span class="__cf_email__" data-cfemail="d8b9bcb9aeb1ab98beb5bbabf6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Discussion
In 1964, a Code of Professional Conduct for Labor Mediators was
drafted by a Federal-State Liaison Committee and approved by the
Federal Mediation and Conciliation Service (FMCS) and the Association
of Labor Mediation Agencies. On April 6, 1966,
[[Page 68358]]
at 31 FR 5423, the FMCS published a final rule entitled ``Appendix to
Part 1400--Code of Professional Conduct for Labor Mediators,'' which
contained the complete narrative of the Code.
After consideration and review, FMCS has concluded that this nearly
sixty-year-old Code adopted by the FMCS no longer reflects the agency's
values, scope of services provided by FMCS mediators, or best practices
for conflict management and resolution services. Moreover, it addresses
employee conduct which is purely an internal agency matter. Therefore,
FMCS is issuing this final rule, which rescinds the rule on the
Appendix to Part 1400--Code of Professional Conduct for Labor
Mediators.
II. Final Rule
FMCS has determined that this rule is suitable for final
rulemaking. The revisions to FMCS' policies and requirements
surrounding mediators are purely internal matters of agency management,
as well as the agency's procedure, and practice. Accordingly, FMCS is
not required to engage in a notice and comment process to issue this
rule under the Administrative Procedures Act, See U.S.C. 553(a)(2),
553(b)(A). Furthermore, because this rule is procedural rather than
substantive, the normal requirement of 5 U.S.C. 553(d) that a rule not
be effective until at least 30 days after publication in the Federal
Register is inapplicable. FMCS also finds good cause to provide an
immediate effective date for this rule because it imposes no
obligations on parties outside the federal government and therefore no
advance notice is required to enable employers or other private parties
to come into compliance.
List of Subjects in 29 CFR Part 1400
Administrative practice and procedure, Labor management relations.
For the reasons discussed in the preamble, and under the authority
of 29 U.S.C. 172 and the Taft-Hartley Act of 1947, FMCS amends 29 CFR
part 1400 as follows:
PART 1400--STANDARDS OF CONDUCT, RESPONSIBILITIES, AND DISCIPLINE
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1. The authority citation for part 1400 continues to read as follows:
Authority: E.O. 11222, 30 FR 6469, 3 CFR, 1965 Supp.; 5 CFR
735.104.
Appendix to Part 1400 [Removed]
0
2. Remove the appendix to part 1400.
Dated: November 3, 2022.
Anna Davis,
Deputy General Counsel.
[FR Doc. 2022-24407 Filed 11-14-22; 8:45 am]
BILLING CODE 6732-01-P
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