<?xml version="1.0" encoding="UTF-8"?>
<pai>
<agency toc="yes">
	<name>Federal Mediation and Conciliation Service</name>

	<abbrev>
FMCS
</abbrev>

<section id="fmcs1" toc="yes">
<systemNumber>-I</systemNumber>
<subsection type="systemName"> Agency Internal Personnel Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>National Office
</p><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p><p>Region 1
</p><p>Federal Mediation and Conciliation Service
</p><p>2937 Federal Building
</p><p>26 Federal Plaza
</p><p>New York, NY 10007
</p><p>Region 2
</p><p>Federal Mediation and Conciliation Service
</p><p>401 Mall Building
</p><p>4th and Chestnut Streets
</p><p>Philadelphia, PA 19106
</p><p>Region 3
</p><p>Federal Mediation and Conciliation Service
</p><p>Suite 400
</p><p>1422 W. Peachtree Street, NW.
</p><p>Atlanta, GA 30309
</p><p>Region 4
</p><p>Federal Mediation and Conciliation Service
</p><p>1525 Superior Building
</p><p>815 Superior Avenue, NE
</p><p>Cleveland, OH 44114
</p><p>Region 5
</p><p>Federal Mediation and Conciliation Service
</p><p>175 West Jackson Street
</p><p>16th Floor
</p><p>Chicago, IL 60604
</p><p>Region 6
</p><p>Federal Mediation and Conciliation Service
</p><p>Chromalloy Plaza--Fifth Floor
</p><p>120 S. Central
</p><p>St. Louis, MO 63105
</p><p>Region 7
</p><p>Federal Mediation and Conciliation Service
</p><p>50 San Francisco Street
</p><p>Suite 235
</p><p>San Francisco, CA 94133
</p><p>Region 8
</p><p>Federal Mediation and Conciliation Service
</p><p>Fourth and Vine Building
</p><p>2615 Fourth Avenue
</p><p>Seattle, WA 98121
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Agency employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> The records in this system are Agency internal operating records used in the operation of the Agency's personnel management program. This record system contains the following files:
</p><p>1. Personnel Folders--correspondence and other documents relating to employee debt, station transfer, employee evaluations, background information, and recommendations for promotion.
</p><p>2. Station Transfer Requests--request forms and related documents.
</p><p>3. Performance Evaluation Files--evaluations of new employees.
</p><p>4. Applicant Files--where applicable, employment applications, personal resumes, correspondence relating to medical examination and conditions, qualifications or suitability for employment, documents related to verifying qualifications, rating sheet for years of qualifying experience, and interview reports of FMCS staff.
</p><p>5. Employee Conduct Files--records relating to employee performance, code of conduct, and possible disciplinary/corrective action.
</p><p>6. Employee Productivity Statistics--self explanatory.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> Title II, Labor Management Relations Act, 1947, as amended.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> A. In the event that the above system of records maintained by this Agency to carry out its functions indicates a violation or potential violation of law, whether civil criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulations or order issued pursuant thereto.
</p><p>B. Information within this system of records is referred to appropriate sources from which information is requested in the course of an investigation as to suitability for initial or continued employment to the extent necessary to identify the individual, inform the source of the nature and purpose of the investigation, and to identify the type of information requested.
</p><p>C. Information within this system of records is referred to members of Congress to the extent necessary to answer routine letters of inquiry concerning employment applications.
</p><p>Disclosures to consumer reporting agencies:
</p><p>Disclosures may be made from this system of records to consumer reporting agencies that an individual is responsible for a debt to the United States. Such disclosures will be made pursuant to the Debt Collection Act of 1982 (31 U.S.C. 3711(f)) to consumer reporting agencies as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p> These records are stored in both locked and unlocked file cabinets, depending upon the nature of the record and availability of filing equipment. Data may be retrieved by an individual's name. Access to these records is restricted to appropriate employees of the National Office and the Regional Office. Files are retained indefinitely, subject to periodic review.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Administration
</p><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Individuals seeking knowledge of whether the system contains information about them should direct their inquiries in writing to the Director of Administration, FMCS at the aforementioned address. All such inquiries should include the requestor's name and any other information that may be helpful in locating the files.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> See Notification.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> Information is obtained directly from the individual concerned, whenever possible. However, also included is information obtained from Agency personnel and occasionally from sources outside the Agency.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> In order to preserve the accuracy of information necessary for determining suitability for employment, 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.
</p></xhtmlContent></subsection>
</section>
<section id="fmcs2" toc="yes">
<systemNumber>-II</systemNumber>
<subsection type="systemName"> Agency Pay Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Agency employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> The records in this system are used to administer the agency pay system. The records in an employee's pay file may be copies of a personnel action form, tax withholding certificates, notification of check mailing address, allotment forms, health and life insurance forms, retirement forms, and the salary clearance form. The travel records consist of a request for travel, travel authorization, travel vouchers, transportation requests, authorizations, and reimbursements for expenses incurred in connection with an official change of duty station. The system also contains computer listings reflecting pay data, leave records, and time and attendance records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> 5 USC Chapters 51, 53, and 57.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> None.
</p><p>Disclosures to consumer reporting agencies:
</p><p>Disclosures may be made from this system of records to consumer reporting agencies that an individual is responsible for a debt to the United States. Such disclosures will be made pursuant to the Debt Collection Act of 1982 (31 U.S.C. 3711(f)) to consumer reporting agencies as defined in the Fair Credit Reporting Act or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p> These records are maintained in original/duplicate document form and filed by an individual's name. The files are contained in regular file cabinets, access to which is restricted to Budget and Finance Division personnel only. These records are maintained and disposed of in accordance with the Federal Property Management Regulation 101-11.4 (General Records Schedules 2, 6, and 9).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Administration
</p><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Individuals seeking knowledge of whether the system contains information about them should direct their inquiries to the Director of Administration, FMCS, at the aforementioned address. All such inquiries should indicate name, and any other information that may be helpful in locating the file.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> See above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> Information is obtained directly from the individual concerned.
</p></xhtmlContent></subsection>
</section>
<section id="fmcs3" toc="yes">
<systemNumber>-III</systemNumber>
<subsection type="systemName"> Agency Personnel Security Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Agency employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> Various information pertaining to the background investigation and issuance of clearances.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> Executive Order 10450 and 10501, or other Statutory/Regulatory requirements.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> A. A record from this system of records may be disclosed as a "routine use"  to a federal, state or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.
</p><p>B. The existence and date of security clearance are furnished to government agencies or private firms dealing in classified matters.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p> These records are maintained in original/duplicate document form and filed by an individual's name. They are used by agency management officials in determining suitability for employment and in issuing security clearances. The files are contained in locked security file cabinets, access to which is restricted. The Agency Personnel Security Officer determines personnel who are authorized to review these records. These records are maintained and disposed of in accordance with the Federal Personnel Manual and the Federal Property Management Regulation 101-11.4 (General Records Schedule 18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Agency Personnel Security Officer
</p><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> Individuals seeking knowledge of whether the system contains information about them should direct their inquiries to the Agency Personnel Security Officer at the above address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> All inquiries relating to the Civil Service Commission background reports or national agency checks should be addressed to Director, Bureau of Personnel Investigations, U.S. Civil Service Commission, 1900 E Street, Washington, DC. All other requests for agency security records should be directed in writing to the Director of Administration at the address provided above. All such inquiries should indicate name and any other information that may be helpful in locating the file.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> Information is obtained directly from the individual on an application for background investigation which is furnished to the Civil Service Commission.
</p></xhtmlContent></subsection>
</section>
<section id="fmcs4" toc="yes">
<systemNumber>-IV</systemNumber>
<subsection type="systemName"> Arbitrator Personal Data File.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p> Arbitrator applicants and arbitrators.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p> The first category of records consists of arbitrator applicant records (those not accepted). These records contain personal resumes, the personal data questionnaire listing education, professional background and experience, confidential and other recommendations as to acceptability, and correspondence pertaining to rejection from placement on the panel. The second category of records consists of current arbitrator files (those currently on the roster), and contain the same information as in the applicant files. In addition, such files include correspondence with an arbitrator regarding standard fee, interest in only certain cases, complaints, and other correspondence related to case handling procedures, and biographical sketches summarizing information contained in the personal data questionnaire.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p> Title II Labor Management Relations Act, 1947, as amended.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p> Biographical sketches are furnished to the parties requesting the referral of a panel of arbitrators.
</p><p>They are also furnished to persons conducting research on the arbitration process in a particular area.
</p><p>Data furnished by the applicant or arbitrator and other sources listed above is routinely disclosed to appropriate persons or organizations outside the agency in the course of verification or evaluation for the purpose of admittance to or retention on the roster. Data furnished by any source in the nature of a complaint or inquiry about the arbitrator's performance or qualifications are routinely referred to the appropriate person outside the agency in the course of investigating an arbitrator's eligibility for retention on the roster.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p> 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.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Office of Arbitration Services
</p><p>Federal Mediation and Conciliation Service
</p><p>Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p> 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.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p> See Notification.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p> Direct from the individual, sources furnished by the individual, or obtained by FMCS.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p> 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.
</p></xhtmlContent></subsection>
</section>
<section id="fmcs5" toc="yes">
<systemNumber>-V</systemNumber>
<subsection type="systemName">Grievance Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>These records are located in the Office of the General Counsel of the Federal Mediation and Conciliation Service.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Privacy Act of 1974, Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a), and 5 CFR part 771.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be used:
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>e. To disclose information to another Federal agency or to a court when the Government is party to a judicial proceeding before the court.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>These records are maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in lockable metal filing cabinets to which only authorized personnel have access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are disposed of 3 years after closing of the case. Disposal is by shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>General Counsel, Federal Mediation and Conciliation Service, 2100 K Street, NW, Washington, DC 20427
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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:
</p><p>a. Name.
</p><p>b. Approximate date of closing of the case and kind of action taken.
</p><p>c. Organizational component involved.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p><p>Individuals must provide the following information for their records to be located and identified:
</p><p>a. Name.
</p><p>b. Approximate date of closing of the case and kind of action taken.
</p><p>c. Organizational component involved.
</p><p>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)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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.
</p><p>Individuals wishing to request amendment to their records to correct factual errors should contact the Office of the General Counsel.
</p><p>Individuals must furnish the following information for their records to be located and identified:
</p><p>a. Name.
</p><p>b. Approximate date of closing of the case and kind of action taken.
</p><p>c. Organizational component involved.
</p><p>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)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided:
</p><p>a. By the individual on whom the record is maintained.
</p><p>b. By testimony of witnesses.
</p><p>c. By agency officials.
</p><p>d. From related correspondence from organizations or persons.
</p></xhtmlContent></subsection></section>
<regulations id="reg" toc="yes">
<regulationsTitle number="29">
<heading>Labor</heading>
<regulationsChapter number="XII">
<heading> Federal Mediation and Conciliation Service </heading>
<regulationsPart number="1410">

<heading> PRIVACY
</heading>
<xhtmlContent>
	<p>Sec.
</p>
<p>1410.1 Purpose and themselves.
</p>
<p>1410.2 Definitions.
</p>
<p>1410.3 Individual access requests.
</p>
<p>1410.4 Requirements for identification of individuals making requests.
</p>
<p>1410.5 Special procedures: Medical records.
</p>
<p>1410.6 Requests for correction or amendment of records.
</p>
<p>1410.7 Agency review of refusal to amend a record.
</p>
<p>1410.8 Notation of dispute.
</p>
<p>1410.9 Fees.
</p>
<p>1410.10 Penalties.
</p>
<p>1410.11 Standards of review.
</p>
<p>1410.12 Specific exemptions.
</p>
<p><b>Authority:</b> Privacy Act 1974, Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
</p>
<p><b>Source:</b> 40 FR 47418, Oct. 8, 1975, unless otherwise noted.
</p>
<p><b>&#167; 1410.1
 Purpose and scope.
</b></p>
<p>(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.
</p>
<p>(b) [Reserved]
</p>
<p><b>&#167; 1410.2
 Definitions.
</b></p>
<p>For the purposes of this part, unless otherwise required by the context--
</p>
<p>(a) <i>Individual</i> means a citizen of the United States or an alien lawfully admitted for permanent residence.
</p>
<p>(b) <i>Maintain</i> means maintain, collect, use or disseminate.
</p>
<p>(c) <i>Record</i> 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.
</p>
<p>(d) <i>System of records</i> 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.
</p>
<p><b>&#167; 1410.3
 Individual access requests.
</b></p>
<p>(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.
</p>
<p>(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.
</p>
<p>(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.
</p>
<p>(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:

</p>
<p>1. <i>Eastern Region:</i>
</p>
<p>Address: Jacob K. Javits Federal Building, 26 Federal Plaza, Room 2937, New York, NY 10278.
</p>
<p>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.
</p>
<p>2. <i>Central Region:</i>
</p>
<p>Address: Insurance Exchange Building, Room 1641, 175 W. Jackson Street, Chicago, IL 60604.
</p>
<p>Consist 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).
</p>
<p>3. <i>Southern Region:</i>
</p>
<p>Address: Suite 400, 1422 W. Peachtree St., NW., Atlanta, GA 30309.
</p>
<p>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); Indiana (the counties of Knox, Daviess, Martin, Orange, Washington, Clark, Floyd, Harrison, 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.
</p>
<p>4. <i>Western Region:</i>
</p>
<p>Address: Francisco Bay Building, Suite 235, 50 Francisco Street, San Francisco, CA 94133.
</p>
<p>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, Chariton, Carrol, Ray, Clay, Platte, Jackson, Lafayette, Saline, Howard, Boon, Cooper, Pettis, Johnson, Cass, Bates, Henry, St. Clair, Benton, and Morgan); American Somoa; and Wake Island.
</p>
<p>[40 FR 47418, Oct. 8, 1975, as amended at 47 FR 10530, Mar. 11, 1982]
</p>
<p><b>&#167; 1410.4
 Requirements for identification of individuals making requests.
</b></p>
<p>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.
</p>
<p><b>&#167; 1410.5
 Special procedures: Medical records.
</b></p>
<p>(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.
</p>
<p>(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.
</p>
<p><b>&#167; 1410.6
 Requests for correction or amendment of records.
</b></p>
<p>(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:
</p>
<p>(1) Amend the record and notify the requestor in a written letter of determination to what extent the record is amended; or
</p>
<p>(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.
</p>
<p>(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.
</p>
<p><b>&#167; 1410.7
 Agency review of refusal to amend a record.
</b></p>
<p>(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.
</p>
<p>(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.
</p>
<p>(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.
</p>
<p><b>&#167; 1410.8
 Notation of dispute.
</b></p>
<p>After an individual has filed a statement of disagreement as described in &#167; 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.
</p>
<p><b>&#167; 1410.9
 Fees.
</b></p>
<p>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.
</p>
<p><b>&#167; 1410.10
 Penalties.
</b></p>
<p>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.
</p>
<p><b>&#167; 1410.11
 Standards of review.
</b></p>
<p>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:
</p>
<p>(a) Relevant and necessary to accomplish a statutory purpose or a purpose not authorized by executive order.
</p>
<p>(b) Accurate, relevant, timely, and complete, to assure fairness to the individual.
</p>
<p><b>&#167; 1410.12
 Specific exemptions.
</b></p>
<p>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:

</p>
<p>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.</p>

<p>In order to obtain accurate information pertaining to employee or arbitrator eligibility, the nondisclosure of the identity of such a confidential source is essential.
</p></xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
