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

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  Consists of: California; Nevada; Arizona; New Mexico; El Paso and 
Hudspeth Counties (only) in Texas; Hawaii; Guam; Alaska; Washington; 
Oregon; Colorado; Utah; Wyoming; Montana; Idaho; Nebraska; Kansas; Iowa; 
Missouri (the counties of Atchinson, Nodaway, Worth, Harrison, Mercer, 
Putnam, Schuyler, Scotland, Knox, Adair, Sullivan, Grundy, Daviess, 
Gentry, DeKalb, Andrew, Holt, Buchanan, Clinton, Caldwell, Livingston, 
Linn, Macon, Shelby, Randolph, Charlton, Carrol, Ray, Clay, Platt, 
Jackson, Lafayette, Saline, Howard, Boon, Cooper, Pettis, Johnson, Cass, 
Bates, Henry, St. Clair, Benton, and Morgan); American Somoa; and Wake 
Island.

  [40 FR 47418, Oct. 8, 1975, as amended at 47 FR 10530, Mar. 11, 1982]


   Sec. 1410.4  Requirements for identification of individuals making 
   requests.

  Satisfactory identification (i.e., employ identification number, 
current address, and verification of signature) must be provided to FMCS 
prior to review of the record. The requestor will be provided the 
opportunity to review the records during normal business hours.


   Sec. 1410.5  Special procedures: Medical records.

  (a) If medical records are requested for inspection which, in the 
opinion of the Director of Administration, may be harmful to the 
requestor if personally inspected by him, such records will be furnished 
only to a licensed physician, designated to receive such records by the 
requestor. Prior to such disclosure, the requestor must furnish a signed 
written authorization to the Service to make such disclosure and the 
physician must furnish a written request to the Director of 
Administration for the physician's receipt of such records.
  (b) Verification of the requestor's signature will be accomplished by 
a comparison of signatures if such authorization is not executed within 
the presence of a Service representative.


   Sec. 1410.6  Requests for correction or amendment of records.

  (a) If the individual disagrees with the information in the record, he 
may request that the record be amended by addition or deletion. Such a 
request must be in writing and directed to the Director of 
Administration, Federal Mediation and Conciliation Service, Washington, 
DC 20427. The request must also specifically outline the amendment 
sought. The Director of Administration or his designated representative 
will acknowledge receipt of the request within 10 working days from the 
date of receipt of such request. Under normal circumstances, not later 
than 30 days after receipt of the request for amendments, the Director 
of Administration will either:
  (1) Amend the record and notify the requestor in a written letter of 
determination to what extent the record is amended; or
  (2) If the amendment or correction is denied in whole or in part, 
notify the requestor in a written letter of determination the reason for 
denial and the requestor's right to request review by the Deputy 
National Director.
  (b) Routine requests of arbitrators maintained on the Service's roster 
of arbitrators to amend records for such matters as address, experience, 
fees charged, may be made in writing to the Director of Arbitration 
Services, Washington, DC 20427. If such routine requests are not granted 
or involve other types of amendments, then the procedure to be followed 
is that which includes a request in writing to the Director of 
Administration.


   Sec. 1410.7  Agency review of refusal to amend a record.

  (a) The requestor may appeal any determination of the Director of 
Administration not to amend a record by submitting a written request for 
review of refusal to amend a record to the Deputy National Director, 
Washington, DC 20427. Such a request shall indicate the specific 
corrections or amendments sought. Not later than 30 days from receipt of 
a request for review (unless such period is extended by the National 
Director for good cause shown), the Deputy National Director will 
complete such a review and make a final determination on the request, 
and shall advise the requestor in a written letter of determination 
whether, and to what extent the correction or amendment will be made. If 
the correction or amendment is denied, in whole or in part, the letter 
of determination will specify the reasons for such denial.
  (b) If the Deputy National Director makes a final determination not to 
amend the record, the individual may provide to the Service a concise 
written statement explaining the reasons for disagreement with the 
refusal.
  (c) In addition, the individual may file a civil action in the U.S. 
District Court to seek an order compelling the Service to amend the 
record as requested.


   Sec. 1410.8  Notation of dispute.

  After an individual has filed a statement of disagreement as described 
in Sec. 1410.7(b), any disclosure of the contested records must contain 
a notation of the dispute. In addition, a copy of the individual's 
statement will be provided to the person or agency to whom the disputed 
record is disclosed. The Service may also, but it is not required to, 
provide a statement reflecting the agency's reasons for not making the 
requested amendments.


   Sec. 1410.9  Fees.

  Upon request, the Service will provide a photostatic copy of the 
records to the individual to whom they pertain. There will be a charge 
of $.10 per page.


   Sec. 1410.10  Penalties.

  Any person who knowingly and willfully requests or obtains any record 
concerning an individual from the Service under false pretenses shall be 
guilty of a misdemeanor and fined not more than $5,000.


   Sec. 1410.11  Standards of review.

  Upon a request for inspection of records or a determination on a 
request for amendment, the Director of Administration, his designated 
representative, or the Deputy National Director will review the 
pertinent records and discard any material in them that is not:
  (a) Relevant and necessary to accomplish a statutory purpose or a 
purpose not authorized by executive order.
  (b) Accurate, relevant, timely, and complete, to assure fairness to 
the individual.


   Sec. 1410.12  Specific exemptions.

  With regard to Agency Internal Personnel Records and Arbitrator 
Personal Data Files, separately described in the system notices, such 
records will be exempted from section (d) of the Act as follows:

  Investigatory material maintained solely for the purposes of 
determining an individual's qualification, eligibility, or suitability 
for employment in the Federal civilian service, Federal contracts, or 
access to classified information, but only to the extent that disclosure 
of such material would reveal the identity of the source who furnished 
information to the Government under an express promise that the identity 
of the source would be held in confidence, or prior to September 27, 
1975, under an implied promise that the identity of the source would be 
held in confidence.

In order to obtain accurate information pertaining to employee or 
arbitrator eligibility, the nondisclosure of the identity of such a 
confidential source is essential.

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