Privacy Act: [FMCS--IV] Arbitrator Personal Data File....

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   the course of investigating an arbitrator's eligibility for retention 
   on the roster.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:  These records are 
   maintained in original/duplicate document form and computer tape. In 
   either case, they are retrieved by an individual name or 
   identification number. Access is restricted to Office of Arbitration 
   personnel, and Management Systems personnel on a limited basis only. 
   These files are used for purposes of referring arbitration panels to 
   labor/management. Presently, the files are stored in lateral file 
   cabinets. Files on active arbitrators are maintained as long as the 
   individual is utilized for referral of panels. Arbitrator applicant 
   files are maintained for two years. After the two year retention 
   period, a separate listing of rejected arbitrator applicants is 
   prepared and the file is destroyed.
     System manager(s) and address: 
         Director of Office of Arbitration Services
         Federal Mediation and Conciliation Service
         Washington, DC 20427
     Notification procedure:  Individuals seeking knowledge of whether 
   the system contains information about them should direct their 
   inquiries in writing to the Director of Administration, FMCS, or 
   Director of Arbitration Services, FMCS, at the aforementioned 
   address. All such inquiries should indicate name and any other 
   information that may be helpful in locating the file.
     Record access procedures:  See Notification.
     Record source categories:  Direct from the individual, sources 
   furnished by the individual, or obtained by FMCS.
     Systems exempted from certain provisions of the act:  In order to 
   preserve the accuracy of information necessary for determining 
   appointment to the roster for arbitration records, the identity of a 
   confidential source is exempted from disclosure under 5 USC 
   552(a)(k)(5). The exemption is published in 29 CFR part 1410.

   #..FMCS-V

   #....System name: Grievance Records.

     System location: These records are located in the Office of the 
   General Counsel of the Federal Mediation and Conciliation Service.
     Categories of individuals covered by the system: Current or former 
   Federal employees who have submitted grievances with Federal 
   Mediation and Conciliation Service in accordance with Directive 4609 
   of the Federal Mediation and Conciliation Service Directives Manual 
   or under the negotiated grievance procedure for the Agency.
     Categories of records in the system: The system contains records 
   relating to grievances filed by agency employees under the above 
   cited directive or grievance procedure for the Agency. These case 
   files contain all documents related to the grievance including 
   statements of witnesses, reports of interviews and hearings, 
   examiner's findings and recommendations, a copy of the original and 
   final decision, and related correspondence and exhibits. This system 
   includes files and records of internal grievance and arbitration 
   systems for employees covered by either the agency grievance 
   procedure or the negotiated grievance procedure.
     Authority for maintenance of the system: Privacy Act of 1974, Pub. 
   L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a), and 5 CFR part 771.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: These records and 
   information in these records may be used:
       a. To disclose pertinent information to the appropriate Federal, 
   State, or local agency responsible for investigating, prosecuting, 
   enforcing, or implementing a statute, rule, regulation, or order, 
   where the disclosing agency becomes aware of an indication of a 
   violation or potential violation of civil or criminal law or 
   regulation.
       b. To disclose information to any source from which additional 
   information is requested in the course of processing a grievance, to 
   the extent necessary to identify the individual, inform the source of 
   the purpose(s) of the request and identify the type of information 
   requested.
       c. To disclose information to a Federal agency, in response to 
   its request, in connection with the hiring or retention of an 
   employee, the issuance of a security clearance, the conducting of a 
   security or suitability investigation of an individual, the 
   classifying of jobs, the letting of a contract, or the issuance of a 
   license, grant, or other benefit by the requesting agency, to the 
   extent that the information is relevant and necessary to requesting 
   the agency's decision on the matter.
       d. To provide information to a congressional office from the 
   record of an individual in response to an inquiry from that 
   congressional office made at the request of that individual.
       e. To disclose information to another Federal agency or to a 
   court when the Government is party to a judicial proceeding before 
   the court.
       f. By the National Archives and Records Administration (General 
   Services Administration) in records management inspections conducted 
   under authority of 44 U.S.C. 2904 and 2908.
       g. By the agency maintaining the records or the Office of 
   Personnel Management in the production of summary descriptive 
   statistics and analytical studies in studies in support of the 
   function for which the records are collected and maintained, or for 
   related work force studies. While published statistics and studies do 
   not contain individual identifiers, in some instances the selection 
   of elements of data included in the study may be structured in such a 
   way as to make the data individually identifiable by inference.
       h. To disclose information to officials of the Merit Systems 
   Protection Board, including the Office of the Special Counsel; the 
   Federal Labor Relations Authority and its General Counsel, or the 
   Equal Employment Opportunity Commission when requested in performance 
   of their authorized duties.
       i. To disclose in response to a request for discovery or for 
   appearance of a witness, information that is relevant to the subject 
   matter involved in a pending judicial or administrative proceeding.
       j. To provide information to officials of labor organizations 
   recognized under the Civil Service Reform Act when relevant and 
   necessary to their duties of exclusive representation concerning 
   personnel policies, practices, and matters affecting work conditions.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: These records are maintained in file folders.
     Retrievability: These records are retrieved by the names of the 
   individuals on whom they are maintained.
     Safeguards: These records are maintained in lockable metal filing 
   cabinets to which only authorized personnel have access.
     Retention and disposal: These records are disposed of 3 years after 
   closing of the case. Disposal is by shredding or burning.
     System manager(s) and address: General Counsel, Federal Mediation 
   and Conciliation Service, 2100 K Street, NW, Washington, DC 20427
     Notification procedure: It is required that individuals submitting 
   grievances be provided a copy of the record under the grievance 
   process. They may, however, contact the Office of the General Counsel 
   regarding the existence of such records on them. They must furnish 
   the following information for their records to be located and 
   identified:
       a. Name.
       b. Approximate date of closing of the case and kind of action 
   taken.
       c. Organizational component involved.
     Record access procedures: It is required that individuals 
   submitting grievances be provided a copy of the record under the 
   grievance process. However, after the action has been closed, an 
   individual may request access to the official copy of the grievance 
   file by contacting the Office of the General Counsel.
       Individuals must provide the following information for their 
   records to be located and identified:
       a. Name.
       b. Approximate date of closing of the case and kind of action 
   taken.
       c. Organizational component involved.
       Individuals requesting access must also follow the agency's 
   Privacy Act regulations regarding access to records and verification 
   of identity. (29 CFR 1410.3 and 1410.4)
     Contesting record procedures: Review of requests from individuals 
   seeking amendment of their records which have been the subject of a 
   judicial or quasi-judicial action will be limited in scope. Review of 
   amendment requests of these records will be restricted to determining 
   if the record accurately documents the action of the agency ruling on 
   the case, and will not include a review of the merits of the action, 
   determination, or finding.
       Individuals wishing to request amendment to their records to 
   correct factual errors should contact the Office of the General 
   Counsel.
       Individuals must furnish the following information for their 
   records to be located and identified:
       a. Name.
       b. Approximate date of closing of the case and kind of action 
   taken.
       c. Organizational component involved.
       Individuals requesting amendment must also follow the Agency's 
   Privacy Act regulations regarding amendment to records and 
   verification of identity. (29 CFR 1410.4 and 1410.6)
     Record source categories: Information in this system of records is 
   provided:
       a. By the individual on whom the record is maintained.
       b. By testimony of witnesses.
       c. By agency officials.
       d. From related correspondence from organizations or persons.

   #.FEDERAL MEDIATION AND CONCILIATION SERVICE


Title 29-Labor

Chapter XII-Federal Mediation and Conciliation Service

PART 1410--PRIVACY

Sec.

1410.1  Purpose and scope.
1410.2  Definitions.
1410.3  Individual access requests.
1410.4  Requirements for identification of individuals making requests.
1410.5  Special procedures: Medical records.
1410.6  Requests for correction or amendment of records.
1410.7  Agency review of refusal to amend a record.
1410.8  Notation of dispute.
1410.9  Fees.
1410.10  Penalties.
1410.11  Standards of review.
1410.12  Specific exemptions.

  Authority: Privacy Act 1974, Pub. L. 93-579, 88 Stat. 1896 (5 USC 
552a).

  Source: 40 FR 47418, Oct. 8, 1975, unless otherwise noted.


   Sec. 1410.1  Purpose and scope.

  (a) The purpose of this part is to set forth rules to inform the 
public about information maintained by the Federal Mediation and 
Conciliation Service about individuals, to inform those individuals how 
they may gain access to and correct or amend information about 
themselves, and to exempt disclosure of identity of confidential sources 
of certain records.


   Sec. 1410.2  Definitions.

  For the purposes of this part, unless otherwise required by the 
context--
  (a) ``Individual'' means a citizen of the United States or an alien 
lawfully admitted for permanent residence.
  (b) ``Maintain'' means maintain, collect, use or disseminate.
  (c) ``Record'' means any item, collection or grouping of information 
about an individual that is maintained by the Federal Mediation and 
Conciliation Service including, but not limited to, his education, 
financial transactions, medical history, and criminal or employment 
history, that contains his name, or the identifying number, symbol, or 
other identifying particular assigned to the individual, such as a 
finger or voice print, or a photograph.
  (d) ``System of records'' means a group of any records under the 
control of Federal Mediation and Conciliation Service from which 
information is retrieved by the name of the individual or by some 
identifying particular assigned to the individual.


   Sec. 1410.3  Individual access requests.

  (a) Individuals who desire to know whether the agency maintains a 
system of records containing records pertaining to him may submit a 
written request to the Director of Administration, Federal Mediation and 
Conciliation Service, Washington, DC 20427. The request must include the 
name and address of the requestor. The Director of Administration, or 
his designated representative, will advise the requestor in writing 
within 10 working days whether the records are so maintained and the 
general category of records maintained within the system.
  (b) Any individual who desires to inspect or receive copies of any 
record maintained within the system concerning him shall submit a 
written request to the Director of Administration, Federal Mediation and 
Conciliation Service, Washington, DC 20427, reasonably identifying the 
records sought to be inspected or copied.
  (c) The individual seeking access to his record may also have another 
person accompanying him during his review of the records. If the 
requestor desires another person to accompany him during the inspection, 
the requestor must sign a statement, to be furnished to the Service 
representative at the time of the inspection authorizing such other 
person to accompany him. Except as required under the Freedom of 
Information Act, permitted as a routine use as published in the agency's 
annual notice, or for internal agency use, disclosure of records will 
only be made to the individual to whom the record pertains, unless 
written consent is obtained from that individual. The Director of 
Administration will verify the signature of the individual requesting or 
consenting to the disclosure of a record prior to the disclosure thereof 
to any other person by a comparison of signatures, if the request or 
consent is not executed within the presence of a designated Service 
representative.
  (d) The Director of Administration or his designated representative 
will advise the requestor in writing within 10 working days of receipt 
of the request whether, to what extent, and approximately when and where 
access shall be granted. Within 30 days of receipt of the request, the 
records will be made available for review at the FMCS National Office in 
Washington, DC, or one of the Regional Offices. The following is a list 
of the Regional Office locations:

  1.Eastern Region:
  Address: Jacob K. Javits Federal Building, 26 Federal Plaza, Room 
2937, New York, NY 10278.
  Consists of: Maine, New Hampshire, Vermont, Connecticut, Rhode Island, 
Massachusetts, New York, Puerto Rico, the Virgin Islands, Pennsylvania, 
Delaware, New Jersey, Garrett and Alleghany Counties of Maryland; and 
Brooke and Hancock Counties of West Virginia.
  2.Central Region:
  Address: Insurance Exchange Building, Room 1641, 175 W. Jackson 
Street, Chicago, IL 60604.
  Consists of: Illinois (except counties listed under the Southern 
Region); Indiana (except counties listed under Southern Region); 
Wisconsin, Minnesota, North Dakota, South Dakota, Michigan, and Ohio 
(except counties listed under the Southern Region).
  3. Southern Region:
  Address: Suite 400, 1422 W. Peachtree St., NW, Atlanta, GA 30309.
  Consists of: Virginia, Maryland (except counties listed under the 
Eastern Region); Tennessee; North Carolina; South Carolina; Georgia; 
Alabama; Florida; Mississippi; Louisiana; Arkansas; Kentucky; Texas 
(except for Hudspeth and El Paso counties); Oklahoma; Missouri (except 
for those counties listed for the Western Region); Illinois (in counties 
of Calhoun, Greene, Jersey, McCoupin, Montgomery, Fayette, Bond, 
Madison, St. Clair, Monroe, Clinton, Washington, Marion, White, 
Hamilton, Wayne, Edwards, Wabash, Lawrence, Richland, Clay, Effingham, 
Jasper, and Crawford, Perry, Spencer, DuBois, Pike, Gibson, Posey, 
Vanderburgh, and Warrick); Ohio (the counties of Butler, Hamilton, 
Warren, Clermont, Brown, Highland, Clinton, Ross, Pike, Adams, Scioto, 
Lawrence, Ballia, Jackson, Vinton, Hocking, Athens, and Meigs); Kansas 
(the counties of Bourbon, Crawford, Cherokee, and Ottawa); West Virginia 
(except counties listed under the Central Region); and the Canal Zone.
  4.Western Region:
  Address: Francisco Bay Building, Suite 235, 50 Francisco Street, San 
Francisco, CA 94133.

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