60-day EEO-3 notice

EEO3 Published 60-day 2020-25565.pdf

Local Union Report (EEO-3)

60-day EEO-3 notice

OMB: 3046-0006

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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices

73703

TABLE 1–ESTIMATE OF BIENNIAL BURDEN FOR EEO–5 REPORT
Hourly wage
rate

School district staff

Burden hours
per district a

Burden
cost per
district

Total
burden
hours

Total
burden
hour cost

N = 7,082
Computer Support Specialist (IT Professional/Data
Processing Specialist) ..................................................
Director of School Finance (Financial Managers) ...........
Executive Clerical Staff ....................................................
Human Resource Specialist ............................................
Payroll Specialist ..............................................................
Senior Human Resource Managers ................................
Superintendent (School Management Occupations) .......

26.33
62.45
26.35
29.77
19.49
56.11
50.33

3.43
0.14
2.93
5.43
1.43
3.43
0.29

$90.28
8.92
77.17
161.61
27.84
192.38
14.38

24,281.35
1,012.02
20,740.35
38,445.35
10,117.35
24,281.35
2,023.33

$639,327.82
63,200.51
546,508.10
1,144,517.93
197,187.06
1,362,426.28
101,834.07

Total ..........................................................................

........................

17.07

572.58

120,901.07

4,055,001.76

Note: Burden Hours per district were determined through interviews with a stratified heterogeneous mixture of school districts used to estimate
burden, as approved in the 2018 Paperwork Reduction Act.
aBurden Hours are rounded to the tenth decimal place in this publication.

Estimates are based on the
assumption of some paper reporting.
During the 2018 EEO–5 filing period,
the EEOC experienced a 49.8 percent
increase in paper filing since the 2016
EEO–5 report filing. Despite the
increase, paper filing represents 3.3
percent of total reports received in 2018.
Electronic filing remains the most
efficient, accurate, and secure means of
reporting for respondents required to
submit the EEO–5 report. The EEOC has
made electronic filing much easier for
respondents required to file the EEO–5
Report and as a result, more
respondents are using this electronic
filing method. Accordingly, the EEOC
will continue to encourage EEO–5 filers
to submit data through electronic filing,
and will only accept paper records from
filers who have secured permission to
submit data via paper submission.
For the Commission.
Janet Dhillon,
Chair.
[FR Doc. 2020–25564 Filed 11–18–20; 8:45 am]
BILLING CODE 6570–01–P

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission.
ACTION: 60-Day Notice of Information
Collection—Extension without change
of a currently approved collection Local
Union Report (EEO–3) and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Equal Employment
Opportunity Commission (EEOC or
Commission) announces that it intends

SUMMARY:

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19:40 Nov 18, 2020

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to submit to the Office of Management
and Budget (OMB) a request for a threeyear extension without change of the
existing Local Union Report (EEO–3)
(Form 274) as described below.
DATES: Written comments on this notice
are encouraged and must be submitted
on or before January 19, 2021.
ADDRESSES: You may submit comments
by any of the following methods—
please use only one method:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Bernadette B. Wilson, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages can be sent by facsimile (‘‘fax’’)
machine to (202) 663–4114. (This is not
a toll-free number.) Receipt of fax
transmittals will not be acknowledged,
except that the sender may request
confirmation of receipt by calling the
Executive Secretariat staff at (202) 663–
4070 (voice) or 800–669–6820 (TTY).
(These are not toll-free telephone
numbers.)
Instructions: All comments received
must include the agency name and
docket number and will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
However, the EEOC reserves the right to
refrain from posting libelous or
otherwise inappropriate comments,
including those that contain obscene,
indecent, or profane language; that
contain threats or defamatory
statements; that contain hate speech
directed at race, color, sex, national
origin, age, religion, disability, or

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genetic information; or that promote or
endorse services or products.
Although copies of comments
received are usually also available for
review at the Commission’s library,
given the EEOC’s current 100%
telework status due to the Coronavirus
Disease 2019 (COVID–19) public health
emergency, the Commission’s library is
closed until further notice. Once the
Commission’s library is re-opened,
copies of comments received in
response to the proposed rule will be
made available for viewing by
appointment only at 131 M Street NE,
Suite 4NW08R, Washington, DC 20507,
between the hours of 9:30 a.m. and 5
p.m.
FOR FURTHER INFORMATION CONTACT:
Rashida Dorsey, Employer Data Team,
Data Development and Information
Products Division, Equal Employment
Opportunity Commission, 131 M Street
NE, Room 4SW32J, Washington, DC
20507; (202) 663–4355 (voice), (202)
663–7063 (TTY) or email at
[email protected].
SUPPLEMENTARY INFORMATION: Pursuant
to the Paperwork Reduction Act and
OMB regulation 5 CFR 1320.8(d)(1), the
Commission solicits public comment to
enable it to: (1) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the Commission’s functions, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the Commission’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and (4) Minimize the burden
of the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,

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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices

mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Overview of Information Collection
Collection Title: Local Union Report
(EEO–3).
OMB Number: 3046–0006.
Frequency of Report: Biennial.
Type of Respondent: Local referral
unions with 100 or more members.
Description of Affected Public: Local
referral unions and independent or
unaffiliated referral unions and similar
labor organizations.
Responses: 1,100 1 per biennial
collection.
Reporting Hours: 2,252 per biennial
collection.
Burden Hour Cost: $70,415.95 per
biennial collection.
Federal Cost: $390,120.85 per
biennial collection.
Number of Forms: 1.
Form Number: EEOC Form 274.
Abstract: Section 709(c) of Title VII of
the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000e-8(c), requires
labor organizations to make and keep
records relevant to a determination of

whether unlawful employment practices
have been or are being committed and
produce reports required by the EEOC.
Accordingly, the EEOC has issued
regulations, 29 CFR 1602.22-.28, which
set forth the reporting requirements and
record retention policies for various
kinds of labor organizations. 29 CFR
1602.22 requires every local union to
retain the most recent report filed, and
29 CFR 1602.27-.28 require filers to
make records necessary for completion
of the EEO–3 and preserve them for a
year (or if a charge of discrimination is
filed, relevant records must be retained
until final disposition of the matter). 29
CFR 1602.22 and 1602.27-.28 are related
to record keeping which is part of
standard administrative practices, and
as a result, the EEOC believes that any
impact on burden would be negligible
and nearly impossible to quantify. Local
referral local unions with 100 or more
members have been required to submit
EEO–3 reports since 1967 (biennially
since 1985). The EEOC uses EEO–3 data
for research and to investigate charges of
discrimination. The individual reports
are confidential.
Burden Statement: The methodology
for calculating annual burden reflects

the different staff that are responsible
for preparing and filing the EEO–3.
These estimates stem from a limited
study that was conducted in 2015 with
nine EEO–3 respondents. The EEOC
accounts for time to be spent biennially
on EEO–3 reporting by business agents
and administrative staff, as well as time
spent by attorneys who, in a few cases,
may consult briefly during the reporting
process. The estimated number of
respondents included in the biennial
EEO–3 survey is 1,100 local referral
unions, as this is the approximate
number of filers from the 2018 reporting
cycle. The estimated hour burden per
report will be 2.05 hours, and the
estimated total biennial respondent
burden hours will be 2,251.80. Burden
hour cost was calculated using median
hourly wage rates for administrative
staff and legal counsel, and average
hourly wage rates for labor union
business agents.2
The burden hour cost per report will
be $67.33, and the estimated total
biennial burden hour cost per biennial
collection will be $73,842.75 (See Table
1 for calculations).

TABLE 1—ESTIMATE OF BIENNIAL BURDEN FOR EEO–3 REPORT
Hourly wage
ratea

Local referral union staff

Hours per
local

Cost per local

Total
burden
hours

Total
burden
hour
cost

Secretaries and Administrative Assistants ..........................
Business Agent ....................................................................
Corporate Legal Counsel .....................................................

$18.84
45.00
69.86

1
1
0.05

$18.84
45.00
3.49

1,100
1,100
55

$20,724.00
49,500.00
191.95

Total ..............................................................................

........................

2.05

67.33

2,251.80

70,415.95

Note: A limited study was conducted by the EEOC of local referral union EEO–3 respondents. The methodology included surveying nine local
referral union respondents by asking a series of survey questions approved by the EEOC’s Office of Legal Counsel regarding the type of local
union staff involved in submitting EEO–3 data. The EEOC asked responding study participants to estimate how long on average it took identified
local union staff members to complete the EEO–3 report and what proportion of that time was allocated to each staff member job title. The burden hours per local union by job title, 2.05, is estimated based on filer responses. The results of the study were published in the Final Notice of
Submission for OMB Review—Extension Without Change: Local Union Report (EEO–3) on January 24, 2017: https://www.federalregister.gov/
documents/2017/01/24/2017-01558/agency-information-collection-activities-proposed-collection-submission-for-omb-review.
a Hourly wage rates for administrative staff and legal counsel were obtained from the Bureau of Labor Statistics, May 2019 (see U.S. Dept. of
Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, https://www.bls.gov/oes/current/oes_stru.htm) and the average hourly wage
rate for a labor union business agent was obtained from salaryexpert.com (see https://www.salaryexpert.com/salary/job/labor-union-businessagent/united-states).

These estimates are based upon filers’
use of the EEO–3 online filing system to
submit reports. The EEOC has made
electronic submission much easier for
respondents required to file the EEO–3
Report. During the 2018 EEO–3 data
collection cycle, approximately 1,100
local referral unions were identified as
being eligible to report EEO–3 data, and
all but 31 of the 975 responsive EEO–
3 filers submitted their data
electronically. Electronic filing remains

the most efficient, accurate, and secure
means of reporting for respondents
required to submit the EEO–3 report.
The EEOC has made electronic filing
much easier for respondents required to
file the EEO–3 report and as a result,
more respondents are using this
electronic filing method. Accordingly,
the EEOC will continue to encourage
EEO–3 filers to submit data through
electronic filing, and will only accept
paper records from filers who have

1 This figure is based on the total number of
respondents who were eligible to submit EEO–3

data in 2018, which is the most recently completed
EEO–3 data year.