<?xml version="1.0" encoding="UTF-8"?>

<pai>
<agency toc="yes">
<name>National Labor Relations Board</name>
<abbrev>
NLRB
</abbrev>

    <previouslyPublished>
        <url> https://www.gpo.gov/fdsys/pkg/FR-2016-11-21/pdf/2016-27488.pdf</url>
        <title>NLRB-17, Personnel Security Records.</title>
        <date year="2016" month="11" day="21" />
    </previouslyPublished>
    <previouslyPublished>
        <url> https://www.gpo.gov/fdsys/pkg/FR-2016-11-21/pdf/2016-27487.pdf</url>
        <title>Part 102, Rule Exempting Certain Provisions of the Privacy Act.</title>
        <date year="2016" month="11" day="21" />
    </previouslyPublished>
    
    
<section id="nlrb1" toc="yes">
<systemNumber>-1</systemNumber>
<subsection type="systemName">Accounting Records--Financial.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Current records are maintained in: Finance Branch, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001. Each Washington and Field Office is authorized to maintain copies of records relating to reimbursements to employees of that office and other individuals covered within the system. See the attached appendix for addresses of these offices. Inactive records are stored in the Washington National Records Center in accordance with regulations issued by the National Archives and Records Administration (36 CFR 1228.152).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals reimbursed for expenses in connection with the official functions of the NLRB; i.e., travel on official business, witness fees, FOIA Request, and transportation expenses, and miscellaneous expenses.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include name; home or office address; organizational unit number, purpose, duration, and cost for travel assignment of Agency employees; purpose, duration, points of travel, and cost for witnesses used by the Agency; and purpose, category, and cost of miscellaneous expenses incurred by Agency employees.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C., 5701 et seq.; 29 U.S.C. 153, 155, 159, 106, and 161(4).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document financial transactions regarding reimbursement of expenses in connection with official NLRB functions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records or information therefrom is disclosed to:
</p><p>1. Individuals who need the information in connection with the processing of an appeal, grievance, or complaint.
</p><p>2. The U.S. General Accounting Office for audit purposes or determination of validity claims.
</p><p>3. The U.S. Department of Treasury for issuance of checks, or direct deposit.
</p><p>4. Other agencies, offices, establishments, and authorities, whether Federal, state, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute, or particular program statute, or by regulation, rule, or order issued pursuant thereto.
</p><p>5. Another agency, whether Federal, State, or local, or private organization where reimbursable arrangements exits between this Agency and such other agency or private organization.
</p><p>6. A Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.
</p><p>7. Officials of labor organizations recognized under 5 U.S.C. Chapter 71, when disclosure is not prohibited by law; and the data is normally maintained by the Agency in the regular course of business and is reasonably available and necessary for full and proper discussion. The foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
</p><p>8. The Department of Justice for use in litigation, when either: (a) The NLRB or any component thereof; (b) any employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity, where the Department of Justice has agreed to represent the employee; or (d) the United States Government where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>9. A court, magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his or her individual capacity where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>10. The Defense Manpower Data Center, Department of Defense, and to the U.S. Postal Service, to conduct computer matching programs for the purpose of identifying and locating individuals who are receiving Federal salaries or benefit payments and are delinquent in their repayment of debts owed to the U.S. Government under certain programs administered by the NLRB in order to collect the debts under the provisions of the Debt Collection Act of 1982 (Pub. L. 97-365), and Debt Collection Act of 1996 (Pub. L. 104-134) by voluntary repayment, or by administrative or salary offset procedures, and
</p><p>Any other Federal agency for the purpose of effecting administrative or salary offset procedures against a person employed by that agency or receiving or eligible to receive some benefit payments from the agency when NLRB as a creditor has a claim against that person.
</p><p>Disclosure of information about persons who are receiving Federal salaries or benefit payments and are delinquent in their repayment of debts owed to the U.S. Government under certain programs administered by NLRB may be made to other Federal agencies, only to the extent of determining whether or not the person is employed by that agency and, if so, effecting administrative or salary offset procedures against that person.
</p><p>Disclosure to consumer reporting agencies:
</p><p>For the purpose of collecting delinquent debt, these records may be reported to a credit bureau to add to credit history.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on original source documents except travel summary cards, some of which are also maintained on microfilm, and electronic storage for computer matching programs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Chronologically by year, and within each year alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Original source documents and microfiche are maintained in file cabinets. During duty hours cabinets and computers are under surveillance of personnel charged with custody of the records, and after duty hours are behind locked doors. Access is limited to personnel with a need for access in order to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Maintained and disposed of in accordance with the provisions of applicable General Records Schedules issued by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Finance Officer, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p><p>See the attached appendix for the titles and addresses of officials at other locations responsible for this system at their locations.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117 (g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Travel vouchers, witness vouchers, and lodging and miscellaneous receipts submitted by the individual; travel orders submitted by Agency officials; subpoenas; claims for reimbursements; and miscellaneous correspondence and information related thereto.
</p><p><b>APPENDIX
</b></p><p>Names and Addresses of NLRB Offices referenced in Notice of Records System shown above.
</p><p>NLRB Headquarters Offices
</p><p>1099 14th Street, NW, Washington, DC 20570-0001
</p><p><i>Offices of the Board
</i></p><p>Members of the Board, Executive Secretary, Office of the Executive Secretary, Director, Office of Representation Appeals, Director, Division of Information, Solicitor, Inspector General, Office of Inspector General
</p><p>Chief Administrative Law Judge, 1099 14th Street, NW, Washington, DC 20570-0001
</p><p>Associate Chief Administrative Law Judge, San Francisco Judges, 901 Market Street, Suite 300, San Francisco, California 94103-1779
</p><p>Associate Chief Administrative Law Judge, New York Judges, 120 West 45th Street, 11th Floor, New York, New York 10036-5503
</p><p>Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree Summit Building, 401 W. Peachtree Street, NE, Suite 1708, Atlanta, Georgia 30308-3510
</p><p><i>Offices of the General Counsel
</i></p><p>General Counsel, Associate General Counsel, Division of Operations Management, Associate General Counsel, Division of Advice, Associate General Counsel, Division of Enforcement Litigation, Director, Division of Administration, Director, Equal Employment Opportunity
</p><p><i>NLRB Field Offices
</i></p><p>Regional Director, Region 1
</p><p>Thomas P. O'Neal, Jr. Federal Office Building, 10 Causeway Street--6th Floor, Boston, Massachusetts 02222-1072
</p><p>Regional Director, Region 2
</p><p>Jacob K. Javits Federal Office Building, 26 Federal Plaza, Room 3614, New York, New York 10278-0104
</p><p>Regional Director, Region 3
</p><p>Dulski Federal Building, 111 West Huron Street, Room 901, Buffalo, New York 14202-2387
</p><p>Resident Officer
</p><p>Albany Resident Office, Leo W. O'Brien Federal Building, Clinton Avenue at N. Pearl Street--Room 342, Albany, New York 12207-2350
</p><p>Regional Director, Region 4
</p><p>One Independence Mall, 615 Chestnut Street--7th Floor, Philadelphia, Pennsylvania 19106-4404
</p><p>Regional Director, Region 5
</p><p>The Appraisers Store, 103 South Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
</p><p>Resident Officer
</p><p>Washington Resident Office, 1099 14th Street, NW, Suite 5530, Washington, DC 20570-0001
</p><p>Regional Director, Region 6
</p><p>William S. Moorehead Federal Building, 1000 Liberty Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
</p><p>Regional Director, Region 7
</p><p>Patrick V. McNamara Federal Building, 477 Michigan Avenue--Room 300, Detroit, Michigan 48226-2569
</p><p>Resident Officer
</p><p>Grand Rapids Resident Office, The Furniture Company Building, 82 Ionia Northwest--Room 330, Grand Rapids, Michigan 49503-3022
</p><p>Regional Director, Region 8
</p><p>Anthony J. Celebrezze Federal Building, 1240 East 9th Street, Room 1695 Cleveland, Ohio 44199-2086
</p><p>Regional Director, Region 9
</p><p>John Weld Peck Federal Building, 550 Main Street, Room 3003, Cincinnati, Ohio 45202-3271
</p><p>Regional Director, Region 10
</p><p>Marietta Tower, Suite 2400, 101 Marietta Street NW., Atlanta, Georgia 30323-3301
</p><p>Resident Officer
</p><p>The Burger--Phillips Centre, 1900 Third Avenue North, Suite 311, Birmingham, Alabama 35203-3502
</p><p>Regional Director, Region 11
</p><p>Republic Square, Suite 200, 4035 University Parkway, Winston Salem, North Carolina 27106-3325
</p><p>Regional Director, Region 12
</p><p>First of America Plaza--Suite 530, 201 East Kennedy Boulevard, Tampa, Florida 33602-5824
</p><p>Resident Officer
</p><p>Miami Resident Office, Claude Pepper Federal Office Building-13th Floor, 51 Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
</p><p>Resident Officer
</p><p>Jacksonville Resident Office, Federal Building, Room 214, 400 West Bay Street, Box 35091, Jacksonville, Florida 32202-4412
</p><p>Regional Director, Region 13
</p><p>Bank of America Building--Suite 800, 200 West Adams Street, Chicago, Illinois 60606-5208
</p><p>Regional Director, Region 14
</p><p>1222 Spruce Street, Room 8302, Saint Louis, Missouri 63103-2829
</p><p>Regional Director, Region 15
</p><p>1515 Poydras Street--Room 610, New Orleans, Louisiana 70112-3723
</p><p>Regional Director, Region 16
</p><p>Fritz G. Lanham Federal Office Building, 819 Taylor Street, Room 8A24, Fort Worth, Texas 76102-6178
</p><p>Resident Officer
</p><p>Houston Resident Office, Suite 550, Lyric Center, 440 Louisiana Street, Houston, Texas 77002-2649
</p><p>Resident Officer
</p><p>San Antonio Resident Office, U.S. Post Office/Courthouse Building--Room 565, 615 E. Houston Street, San Antonio, Texas 78205-2040
</p><p>Resident Officer
</p><p>El Paso Resident Office, PO Box 23159, El Paso, Texas 79923-3159
</p><p>Regional Director, Region 17
</p><p>8600 Farley Street, Suite 100, Overland Park, Kansas 66212-4677
</p><p>Resident Officer
</p><p>Tulsa Resident ffice, Grantson Building--Suite 990, 111 West Fifth Street, Tulsa, Oklahoma 74103-4214
</p><p>Regional Director, Region 18
</p><p>Federal Building, 110 South 4th Street--Room 316, Minneapolis, Minnesota 55401-2291
</p><p>Resident Officer
</p><p>Des Moines Resident Office, Federal Building--Room 909, 210 Walnut Street, Des Moines, Iowa 50309-2116
</p><p>Regional Director, Region 19
</p><p>Henry Jackson Federal Building--Room 2948, 915 Second Avenue, Seattle, Washington 98174-1078
</p><p>Resident Officer
</p><p>Anchorage Resident Office, Federal Office Building, 222 West 7th Avenue, Room 510, Box 21, Anchorage, Alaska 99513-3546
</p><p>Officer in Charge
</p><p>Subregion 36, Koin Center--Room 401, 222 Southwest Columbia Street, Portland, Oregon 97201-6604
</p><p>Regional Director, Region 20
</p><p>901 Market Street--Suite 400, San Francisco, California 94103-1735
</p><p>Officer in Charge
</p><p>Subregion 37, Prince Kuhio Federal Building--Room 7318, 300 Ala Moana Boulevard, Honolulu, Hawaii 96850-4980
</p><p>Regional Director, Region 21
</p><p>888 South Figueroa Street--9th Floor, Los Angeles, California 90017-5449
</p><p>Resident Officer
</p><p>San Diego Resident Office, Pacific Professional Center--Suite 302, 555 West Beech Street, San Diego, California 92101-2939
</p><p>Regional Director, Region 22
</p><p>20 Washington Place--5th Floor, Newark, New Jersey 07102-2570
</p><p>Regional Director, Region 24
</p><p>La Torre de Plaza--Suite 1002, 525 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918-1002
</p><p>Regional Director, Region 25
</p><p>Minton Capehart Federal Building--Room 238, 575 North Pennsylvania Street, Indianapolis, Indiana 46204-1577
</p><p>Region Director, Region 26
</p><p>Mid-Memphis Tower--Suite 800, 1407 Union Avenue, Memphis, Tennessee 38104-3627
</p><p>Resident Officer
</p><p>Little Rock Resident Office, TCBY Building--Suite 375, 425 West Capitol Avenue, Little Rock, Arkansas 72201-3489
</p><p>Resident Officer
</p><p>Nashville Resident Office, 8101 Broadway, 3rd Floor, Nashville, Tennessee 37203-3816
</p><p>Regional Director, Region 27
</p><p>Dominion Plaza, North Tower, 600 17th Street, 7th Floor, Denver, Colorado 80202-5433
</p><p>Regional Director, Region 28
</p><p>Security Building, Suite 440, 234 North Central Avenue, Phoenix, Arizona 85004-2212
</p><p>Resident Officer
</p><p>Albuquerque Resident Office, Western Bank Plaza--Room 1820, 505 Marquette Avenue, NW., Albuquerque, New Mexico 87102-2181
</p><p>Resident Officer
</p><p>Las Vegas Resident Office, Alan Bible Federal Building--Suite 400, 600 Las Vegas Boulevard, South, Las Vegas, Nevada 89101-6637
</p><p>Regional Director, Region 29
</p><p>One Metro Tech Center, Jay Street and Myrtle Avenue--10th Floor, Brooklyn, New York 11201-4201
</p><p>Regional Director, Region 30
</p><p>Henry S. Reuss Federal Plaza--Suite 700, 310 West Wisconsin Avenue, Milwaukee, Wisconsin 53203-2211
</p><p>Regional Director, Region 31
</p><p>Federal Building/USPO--Room 12100, 11000 Wilshire Boulevard, Los Angeles, California 90024-3682
</p><p>Regional Director, Region 32
</p><p>Breuner Building, 2nd Floor, 1301 Clay Street, Room 300N, Oakland, California 94612-5211
</p><p>Regional Director, Region 33
</p><p>Hamilton Square Building--Suite 200, 300 Hamilton Boulevard, Peoria, Illinois 61602-1104
</p><p>Regional Director, Region 34
</p><p>1 Commercial Plaza--21st Floor, Church and Trumbull Street, Hartford, Connecticut 06103-3599
</p></xhtmlContent></subsection></section>
<section id="nlrb2" toc="yes">
<systemNumber>-2</systemNumber>
<subsection type="systemName">Applicant Files for Attorney and Field Examiner Positions.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Executive Assistant, Division of Operations Management; Office of the Executive Secretary, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p><p>Washington and Field Offices are authorized to maintain the records or copies of the records in connection with processing of applications for employment in the Agency. See the attached appendix for addresses of the Washington and Field Offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Applicants for Attorney or Field Examiner positions in offices under the general supervision of the General Counsel; applicants for Attorney positions on Board Member's staffs, in the Office of the Solicitor, and in the Office of Representation Appeals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include copies of employment applications; educational transcripts, resumes, employment interview reports, and other information related to employment.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 3301 et seq.; 29 U.S.C. 153(d), 154, 159, and 160.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the skills and background of applicants for attorney and field examiner positions within the NLRB.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records or information contained therein may be disclosed to:
</p><p>1. Individuals who need the information in connection with the processing of an appeal, grievance, or complaint.
</p><p>2. A Member of Congress or to a Congressional staff member in response to an inquiry of the congressional office made at the written request of the constituent about whom the records are maintained.
</p><p>3. Officials of labor organizations recognized under 5 U.S.C. Chapter 71, when disclosure is not prohibited by law; and the data is normally maintained by the Agency in the regular course of business and is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. The foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
</p><p>4. An arbitrator to resolve disputes under a negotiated grievance arbitration procedure.
</p><p>5. Other agencies, offices, establishments, and authorities, whether Federal, state, or local, authorized or charged with responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto.
</p><p>6. The Department of Justice for use in litigation when either: (a) The NLRB or any component thereof, (b) any employee of the NLRB in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Department of Justice has agreed to represent the employee, or (d) the United States Government where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>7. A court, magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof, or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his or her individual capacity, where the NLRB has agreed to represent the employee, or (d) the United States Government is a party to litigation or has an interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on paper including forms, letters, and memoranda.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file cabinets. During duty hours cabinets are under surveillance of personnel charged with custody of the records and after duty hours are behind locked doors. Access to the cabinets is limited to personnel having a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Employment applications not resulting in appointment are destroyed when 2 years old.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>1. To those applicants for positions under supervision of the General Counsel--Executive Assistant, Division of Operations Management, NLRB, 1099 14th Street, NW, Washington, DC 20570.
</p><p>2. To those applicants for positions under the supervision of a Board Member, the Director of the Office of Representation Appeals, and the Solicitor--Executive Secretary, NLRB, 1099 14th Street, NW., Washington, DC 20570-0001.
</p><p>See the attached appendix for titles and addresses of officials at other locations responsible for this system at their location.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117 (g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to him or her maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Applicants, educational institutions, interviewers, evaluators, personnel specialists, references, previous employers.
</p><p><b>Appendix
</b></p><p>Names and Addresses of NLRB Offices referenced in Notice of Records System shown above.
</p><p>NLRB HEADQUARTERS OFFICES, 1099 14th Street, NW, Washington, DC 20570-0001
</p><p><i>OFFICES OF THE BOARD</i></p>
<p><i>Members of the Board
</i></p><p>Executive Secretary, Office of the Executive Secretary
</p><p>Director, Office of Representation Appeals
</p><p>Director, Division of Information
</p><p>Solicitor
</p><p>Inspector General, Office of Inspector General
</p><p>Chief Administrative Law Judge, 1099 14th Street, NW, Room 5400 East, Washington, DC 20570-0001
</p><p>Associate Chief Administrative Law Judge, San Francisco Judges, 901 Market Street, Suite 300, San Francisco, California 94103-1779
</p><p>Associate Chief Administrative Law Judge, New York Judges, 120 West 45th Street, 11th Floor, New York, New York 10036-5503
</p><p>Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree Summit Building, 401 W. Peachtree Street, NW, Suite 1708, Atlanta, Georgia 30308-3510
</p><p><i>OFFICES OF THE GENERAL COUNSEL</i></p>
<p>General Counsel
</p><p>Associate General Counsel, Division of Operations Management
</p><p>Associate General Counsel, Division of Advice
</p><p>Associate General Counsel, Division of Enforcement Litigation
</p><p>Director, Division of Administration
</p><p>Director, Equal Employment Opportunity
</p><p><i>NLRB FIELD OFFICES</i></p>
<p>Regional Director, Region 1, Thomas P. O'Neal Jr. Federal Office Building, 10 Causeway Street, 6th Floor, Boston, Massachusetts 02222-1072
</p><p>Regional Director, Region 2, Jacob K. Javits Federal Building, 26 Federal Plaza, Room 3614, New York, New York 10278-0104
</p><p>Regional Director, Region 3, Thaddeus J. Dulski Federal Building, 111 West Huron Street, Room 901, Buffalo, New York 14202-2387
</p><p>Resident Officer, Albany Resident Office, Leo W. O'Brien Federal Building, Clinton Avenue at N. Pearl Street, Room 342, Albany, New York 12207-2350
</p><p>Regional Director, Region 4, One Independence Mall, 615 Chestnut Street, 7th Floor, Philadelphia, Pennsylvania 19106-4404
</p><p>Regional Director, Region 5, The Appraisers Store Building, 103 South Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
</p><p>Resident Officer, Franklin Court Building, 1099 14th Street, NW, Suite 5530, Washington, DC 20570-0001
</p><p>Regional Director, Region 6, William S. Moorehead Federal Building, 1000 Liberty Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
</p><p>Regional Director, Region 7, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Room 300, Detroit, Michigan 48226-2569
</p><p>Resident Officer, Grand Rapids Resident Office, The Furniture Company Building, 82 Ionia Northwest, Room 330, Grand Rapids, Michigan 49503-3022
</p><p>Regional Director, Region 8, Anthony J. Celebrezze Federal Building, 1240 East 9th Street, Room 1695, Cleveland, Ohio 44199-2086
</p><p>Regional Director, Region 9, John Weld Peck Federal Building, 550 Main Street, Room 3003, Cincinnati, Ohio 45202-3271
</p><p>Regional Director, Region 10, Harris Tower, 233 Peachtree Street, NE, Suite 1000, Atlanta, Georgia  30303-1504
</p><p>Resident Officer, The Burger-Phillips Centre, 1900 3rd Avenue North, Suite 311, Birmingham, Alabama 35203-3511
</p><p>Regional Director, Region 11, Republic Square, Suite 200, 4035 University Parkway, Winston-Salem, North Carolina 27106-3325
</p><p>Regional Director, Region 12, South Trust Plaza, Suite 530, 201 East Kennedy Boulevard, Tampa, Florida 33602-5824
</p><p>Resident Officer, Jacksonville Resident Office, Federal Building, 400 West Bay Street, Room 214, Box 35091, Jacksonville, Florida 32202-4412
</p><p>Resident Officer, Miami Resident Office, Federal Building, 51 Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
</p><p>Regional Director, Region 13, 200 West Adams Street, Suite 800, Chicago, Illinois 60606-5208
</p><p>Regional Director, Region 14, 1222 Spruce Street, Room 8.302, Saint Louis, Missouri 63103-2829
</p><p>Regional Director, Region 15, 1515 Poydras Street, Room 610, New Orleans, Louisiana 70112-3723
</p><p>Regional Director, Region 16, Federal Office Building, 819 Taylor Street, Room 8A24, Forth Worth, Texas 76102-6178
</p><p>Resident Officer, Houston Resident Office, 440 Louisiana Street, Suite 550, Houston, Texas 77002-2649
</p><p>Resident Officer, San Antonio Resident Office, 615 E. Houston Street, Room 565, San Antonio, Texas 78205-2040
</p><p>Regional Director, Region 17, 8600 Farley Street, Suite 100, Overland Park, Kansas 66212-4677
</p><p>Resident Officer, Tulsa Resident Office, 224 South Boulder Avenue, Room 318, Tulsa, Oklahoma 74103-3027
</p><p>Regional Director, Region 18, 234 Federal Courts Building, 110 South 4th Street, Room 234, Minneapolis, Minnesota 55401-2291
</p><p>Resident Officer, Des Moines Resident Office, 210 Walnut Street, Room 439, Des Moines, Iowa 50309-2116
</p><p>Regional Director, Region 19, Henry M. Jackson Federal Building, 915 Second Avenue, Room 2948, Seattle, Washington 98174-1078
</p><p>Resident Officer, Anchorage Resident Office, 222 West 7th Avenue, Box 21, Anchorage, Alaska 99513-3546
</p><p>Officer in Charge, Subregion 36, 222 SW Columbia Street, Room 401, Portland, Oregon 97201-6604
</p><p>Regional Director, Region 20, 901 Market Street, Suite 400, San Francisco, California 94103-1735
</p><p>Officer in Charge, Subregion 37, Prince Kuhio Federal Building, 300 Ala Moana Boulevard, Room 7-245, Honolulu, Hawaii 96850-4980
</p><p>Regional Director, Region 21, 888 South Figueroa Street, 9th Floor, Los Angeles, California 90017-5449
</p><p>Resident Officer, San Diego Resident Office, Pacific Professional Center, 555 West Beech Street, Suite 302, San Diego, California 92101-2939
</p><p>Regional Director, Region 22, 20 Washington Place, 5th Floor, Newark, New Jersey 07102-2570
</p><p>Regional Director, Region 24, La Torre de Plaza, 525 F.D. Roosevelt Avenue, Suite 1002, San Juan, Puerto Rico 00918-1002
</p><p>Regional Director, Region 25, Minton-Capehard Federal Building, 575 North Pennsylvania Street, Room 238, Indianapolis, Indiana 46204-1577
</p><p>Regional Director, Region 26, Mid-Memphis Tower Building, 1407 Union Avenue, Suite 800, Memphis, Tennessee 38104-3627
</p><p>Resident Officer, Little Rock Resident Office, TCBY Tower, 425 West Capitol Avenue, Suite 375, Little Rock, Arkansas 72201-3489
</p><p>Resident Officer, Nashville Resident Officer, 810 Broadway, 3rd Floor, Nashville, Tennessee 37203-3816
</p><p>Regional Director, Region 27, Dominion Plaza, North Tower, 600 17th Street, 7th Floor, Denver, Colorado 80202-5433
</p><p>Regional Director, Region 28, Security Building, 234 North Central Avenue, Suite 440, Phoenix, Arizona 85004-2212
</p><p>Resident Officer, Albuquerque Resident Office, Western Bank Plaza, 505 Marquette Avenue, NW, Room 1820, Albuquerque, New Mexico 87102-2181
</p><p>Resident Officer, Las Vegas Resident Office, Alan Bible Federal Building, 600 Las Vegas Boulevard South, Suite 400, Las Vegas, Nevada 89101-6637
</p><p>Resident Officer, El Paso Resident Office, P.O. Box 23159, El Paso, Texas 79923-3159
</p><p>Regional Director, Region 29, One Metro Tech Center, Jay Street and Myrtle Avenue, 10th Floor, Brooklyn, New York 11201-4201
</p><p>Regional Director, Region 30, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 54203-2211
</p><p>Regional Director, Region 31, 11150 W. Olympic Boulevard, Suite 700, Los Angeles, California 90064-1824
</p><p>Regional Director, Region 32, Breuner Building, 2nd Floor, 1301 Clay Street, Room 300N, Oakland, California 94612-5211
</p><p>Regional Director, Region 33, Hamilton Square Building, 300 Hamilton Boulevard, Suite 200, Peoria, Illinois 61602-1246
</p><p>Regional Director, Region 34, One Commercial Plaza, 280 Trumbull Street, 21st Floor, Hartford, Connecticut 06103-3599
</p></xhtmlContent></subsection></section>
<section id="nlrb3" toc="yes">
<systemNumber>-3</systemNumber>
<subsection type="systemName">Biographical Data File--Presidential Appointees.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Division of Information, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Present and former Presidential appointees to NLRB positions.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include biographical sketches; news releases, news articles or speeches and other newsmaking activities; photographs, and related materials.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 153(a) and (d), 54(a); 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document pertinent aspects of the personal and professional history of NLRB's most senior officials.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records, or information contained therein may be disclosed to:
</p><p>1. Individuals who need the information in connection with the processing of an appeal, grievance, or complaint.
</p><p>2. The public, upon demonstrated interest.
</p><p>3. A Member of Congress or to a congressional staff member in response to an inquiry of the congressional office made at the written request of the constituent about whom the records are maintained.
</p><p>4. The Department of Justice for use in litigation when either (a) the NLRB or any component thereof, (b) any employee of the NLRB in his or her official capacity, (c) any employee of the NLRB in his or her individual capacity where the Department of Justice has agreed to represent the employee; or (d) the United States Government where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>5. A court, a magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his or her individual capacity where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on original sources or related papers in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file cabinets within the Division of Information. During duty hours, cabinets are under the surveillance of office personnel charged with custody of the records, and after duty hours are behind locked doors.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Permanently retained.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Division of Information, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117(g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is submitted by the individual, written by Agency staff and approved by the individual, and obtained from general news sources.
</p></xhtmlContent></subsection></section>
<section id="nlrb4" toc="yes">
<systemNumber>-4</systemNumber>
<subsection type="systemName">Claim Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Director, Division of Administration, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals filing claims under the Federal Tort Claims Act of 1946; the Military Personnel and Civilian Employees' Claims Act of 1964; claims filed under 41 CFR 101-39.4, Interagency Fleet Management Systems, Accidents and Claims; and claims under contracts with rental car companies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include reports of accidents or other events causing damage or loss; data bearing upon the scope of employment of motor vehicle operators; statements of witnesses; claims for damage or loss; investigations of claims, including doctors' reports, if any; police reports; rental agreements; repair estimates; records on disposition of claims; and information related to the above.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>28 U.S.C. 2671 et seq.; 29 U.S.C. 153(d), 154(a) and (b); 31 U.S.C. 3701 et seq.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the initiation, investigation, and disposition of claims filed with the NLRB.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records, or information contained therein may be disclosed to:
</p><p>1. The Department of Justice for use in litigation when either: (a) The NLRB or any component thereof; (b) any employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity where the Department of Justice has agreed to represent the employee; or (d) the United States Government where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>2. A court, a magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witness in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity, where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has an interest in such litigation, and determines that disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>3. Investigators utilized by the Agency to obtain information relevant to a claim against the Agency.
</p><p>4. Other agencies, offices, establishments, and authorities, whether Federal, State, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute, or particular program statute, or by regulation, rule, or order issued pursuant thereto.
</p><p>5. A Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.
</p><p>6. Individuals who need the information in connection with the processing of an appeal, grievance, or compliant.
</p><p>7. Officials of labor organizations recognized under 5 U.S.C. Chapter 71, when disclosure is not prohibited by law; and the data is normally maintained by the Agency in the regular course of business and is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. The forgoing shall have the identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
</p><p>8. An arbitrator to resolve disputes under a negotiated grievance arbitration procedure.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on forms, documents, and other papers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in a file cabinet within the office of the Director, Division of Administration. During duty hours files are under the surveillance of personnel charged with the custody of the records, and after duty hours are behind locked doors. Access is limited to personnel who have a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Claims reports involving pecuniary liability are destroyed 10 years after the close of the fiscal year in which final action was taken. All other claims reports are destroyed 3 years after the close of the fiscal year in which final action was taken.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Division of Administration, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117 (g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Claimants, investigators, and witnesses.
</p></xhtmlContent></subsection></section>
<section id="nlrb5" toc="yes">
<systemNumber>-5</systemNumber>
<subsection type="systemName">Employment and Performance Records, Attorneys and Field Examiners.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Executive Assistant, Division of Operations Management; Board Members' Offices; Office of Representation Appeals; Office of the Solicitor, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p><p>Washington and Field Offices are authorized to maintain the records or copies of the records for current and former NLRB employees of that office. See attached appendix for addresses of the Washington and Field Offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former Attorneys and Field Examiners in offices under the general supervision of the General Counsel; current and former Attorneys employed on Board Members' Staffs, in the Office of the Solicitor, and in the Office of Representation Appeals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include copies of employment applications, copies of personnel records, educational transcripts, resumes, employment interview reports, evaluation reports, career development appraisals, recommendations concerning promotion, copies of the official personnel file, correspondence, memoranda, and other relevant information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 4301 et seq.; 29 U.S.C. 153(D), 154, 159, 160.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document employee actions and performance appraisals.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records, or information contained therein may be disclosed to:
</p><p>1. Individuals who have a need for the information in connection with the processing of an appeal, grievance, or complaint.
</p><p>2. A Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.
</p><p>3. Officials of labor organizations recognized under 5 U.S.C. Chapter 71, when disclosure is not prohibited by law; and the data is normally maintained by the Agency in the regular course of business and is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. The foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
</p><p>4. An arbitrator to resolve disputes under a negotiated grievance arbitration procedure.
</p><p>5. Other agencies, offices, establishments, and authorities, whether Federal, State, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute, or particular program statute, or by regulation, rule or order issued pursuant thereto.
</p><p>6. The Department of Justice for use in litigation when either: (a) The NLRB or any component thereof; (b) any employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity where the Department of Justice has agreed to represent the employee; or (d) the United States Government, where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>7. A court, magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witness in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity, where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on paper including forms, letters, and memoranda, and on electronic automated media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file cabinets. During duty hours cabinets are under the surveillance of personnel charged with custody of the records and after duty hours are behind locked doors. Access is limited to personnel having a need for access to perform their official functions. Computer records can be accessed only through use of confidential procedures and passwords. Disks are limited to those with access codes and are stored in a locked room during and after duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Retained and disposed of in accordance with applicable General Records Schedules issued by the National Archives and Records Administration, and the Office of Personnel Management.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>1. Attorneys and Field Examiners under supervision of the General Counsel--Executive Assistant, Division of Operations Management, NLRB, 1099 14th Street, NW., Washington, DC 20570-0001.
</p><p>2. Attorneys under supervision of a Board Member--Chief Counsel to that Board Member, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p><p>3. Attorneys under supervision of the Director, Office of Representation Appeals--Director, Office of Representation Appeals, NLRB, 1099 14th Street, NW., Washington, DC 20570-0001.
</p><p>4. Attorneys under supervision of the Solicitor--Solicitor, NLRB, 1099 14th Street, NW., Washington, DC 20570-0001.
</p><p>See the attached appendix for titles and addresses of officials responsible for this system at their location.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The individual, the Personnel Branch, educational institutions, interviewers, evaluators, references, previous employers and supervisors.
</p></xhtmlContent></subsection></section>
<section id="nlrb6" toc="yes">
<systemNumber>-6</systemNumber>
<subsection type="systemName">Employment and Performance Records, Nonprofessionals and Nonlegal Professionals.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are authorized to be maintained for current and former NLRB employees in all Agency offices. See the attached appendix for the addresses of these offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former nonprofessional employees and nonlegal professional employees of the Agency.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include copies of employment applications, copies of personnel records, educational transcripts, resumes, employment interview reports, evaluation reports, career development appraisals, recommendations concerning promotion, copies of the official personnel file, correspondence, memoranda, and other relevant information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 4301 et seq.; 29 U.S.C. 153(d), 154, 159, and 160.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document employee actions and performance appraisals.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records, or information therefrom, are disclosed to:
</p><p>1. Individuals who have a need for the information in connection with the processing of an appeal, grievance, or complaint.
</p><p>2. A Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.
</p><p>3. Officials of labor organizations recognized under 5 U.S.C. Chapter 71, when disclosure is not prohibited by law; and the data is normally maintained by the Agency in the regular course of business and is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. The foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
</p><p>4. An arbitrator to resolve disputes under a negotiated grievance arbitration procedure.
</p><p>5. Other agencies, offices, establishments, and authorities, whether Federal, State, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto.
</p><p>6. The Department of Justice for use in litigation when either: (a) The NLRB or any component thereof; (b) any employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity where the Department of Justice has agreed to represent the employee; or (d) the United States Government where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>7. A court, magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) the NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his or her individual capacity, where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the Agency to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on paper including forms, letters, memoranda, and on electronic automated media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file cabinets. During duty hours cabinets are under the surveillance of personnel charged with the custody of the records, and after duty hours are behind locked doors. Access is limited to personnel having a need for access to perform their official functions. Computer records can be accessed only through use of confidential procedures and passwords. Disks are limited to those with access codes and are stored in a locked room during and after duty hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Retained and disposed of in accordance with applicable General Records Schedules issued by the National Archives and Records Administration and the Office of Personnel Management.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>See the attached appendix for the titles and addresses of officials responsible for this system at their locations.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The individual, the Personnel Branch, professional employees, educational institutions, interviewers, evaluators, references, previous employers and supervisors.
</p></xhtmlContent></subsection></section>
<section id="nlrb7" toc="yes">
<systemNumber>-7</systemNumber>
<subsection type="systemName"> Grievances, Appeals, Complaints, and Related Litigation Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are authorized to be maintained for current and former NLRB employees in all Agency offices. See the attached appendix for the addresses of these offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Agency.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include formal or informal grievances, appeals, and complaints, together with information and documents related thereto; letters or notices to the individual; records of hearings when conducted; material placed in the file to support or contradict the decision or determination on such grievance, appeal, or compliant; affidavits or statements; testimonies of witnesses; investigative reports; related correspondence and recommendations; and records on court proceedings, arbitration, or subsequent litigation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5. U.S.C. 7101 et seq.; 5 U.S.C. 7501 et seq.; 5 U.S.C. 7701 et seq.; 29 U.S.C. 153(d), 154.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the employee grievance process within the NLRB, and also contain material gathered and used in representing the Agency in other appeals, complaints, and litigation.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records, or information therefrom, are disclosed to:
</p><p>1. Agency officials and employees who have a need for the records or information in the performance of their duties.
</p><p>2. Individuals who have a need for the information in connection with the processing of a grievance, appeal, or complaint. Wherever feasible, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>3. An arbitrator for use in arbitrating a grievance or complaint.
</p><p>4. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>5. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>6. Officials of labor organizations recognized under Pub. L. 95-454, when relevant and necessary to their duties of exclusive representation of NLRB employees under the Act. Wherever feasible and consistent with responsibilities under the Act, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>7. A congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the subject individual.
</p><p>8. The appropriate Federal (including offices of Inspector General), State, or local government agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where the Agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.
</p><p>9. Individuals making general requests for statistical information (without personal identification of individuals).
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on forms, documents, letters, memoranda, and other similar papers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name of individual or party filing a grievance, claim, or complaint.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of the records are limited to those persons whose official duties require such access until the records are required to be made public in support of an Agency action or position. These records are maintained in file cabinets which during duty hours are under the surveillance of personnel charged with custody of the records and after duty hours are behind locked doors.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Placed in inactive file when case is closed. Destroyed 3 years after the end of the fiscal year in which the case is closed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>1. To those employees under supervision of the General Counsel--Deputy General Counsel, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p><p>2. To those employees under supervision of the Board--Deputy Executive Secretary, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p><p>See the attached appendix for titles and addresses of officials responsible for this system at their locations.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from the individual to whom the record pertains; Agency officials; affidavits, statements, and record testimony of individuals; and other documents and memoranda relating to the grievance, appeal, or complaint.
</p></xhtmlContent></subsection></section>
<section id="nlrb8" toc="yes">
<systemNumber>-8</systemNumber>
<subsection type="systemName"> Health Maintenance Program Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Personnel Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current NLRB employees participating in Agency-sponsored health maintenance programs, such as diabetes tests, glaucoma tests, vision tests, blood donor program, and similar programs.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may involve recorded information on individual's names and dates of participation in health maintenance programs, and the name of the screening program in which participated. Also, for blood donor program, contains social security number, sex, donor identification number, home address and telephone, date of last donation, medications being taken, blood type, whether accepted or deferred as donor, and information relevant to the above.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7901; 29 U.S.C. 153(a) and (d), 154.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document employee participation in the NLRB health maintenance programs such as screening and blood donor programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records, or information therefrom, are disclosed to:
</p><p>1. Agency officials and employees working with the program who have a need for the records or information:
</p><p>a. The administration of voluntary health maintenance programs.
</p><p>b. As a data source for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained (without personal identification of individuals).
</p><p>2. Individuals making general requests for statistical information (without personal identification of individuals).
</p><p>3. The American Red Cross insofar as the records or information pertain to the blood donor program.
</p><p>4. The U.S. Department of Health and Human Services in the administration of public health service programs.
</p><p>5. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.
</p><p>6. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>7. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on logs, forms, and other papers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By program name and within each program alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file safe within the office of the Personnel Branch. File safe remains locked except during access to records. During duty hours, file safe is under the surveillance of personnel charged with the custody of the records, and after duty hours is behind locked doors. Combination is known only to designated members of the Personnel Branch. Access is limited to personnel who have a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Retained for 6 years after last entry.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Special Programs and Services Unit, Personnel Branch, Room 533, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.177(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information submitted by individual; officials of the servicing health units; and American Red Cross.
</p></xhtmlContent></subsection></section>
<section id="nlrb9" toc="yes">
<systemNumber>-9</systemNumber>
<subsection type="systemName"> Occupational Injury and Illness Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Personnel Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570. Each Washington and Field Office is authorized to maintain copies of records in this system. See the attached appendix for addresses of the Washington and Field Offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former NLRB employees who have reported a work-related injury or illness.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include information pertaining to the complete history of the employee's occupational injury or illness, including any doctors' or investigative reports submitted, and the disposition of claims for compensation filed under the Federal Employees Compensation Act and information relative thereto.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7901; 5 U.S.C. 8101 et seq.; 29 U.S.C. 153(a) and (d), 154.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the processing of claims filed by NLRB employees for compensation based on an occupational injury or illness.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records, or information therefrom, are disclosed to:
</p><p>1. Agency officials and employees who have a need for the records or information:
</p><p>a. In processing reports of occupational injury or illness and claims for compensation under the Federal Employees Compensation Act.
</p><p>b. As a data source for management information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies.
</p><p>2. Individuals making general requests for statistical information (without personal identification of individuals).
</p><p>3. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>4. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>5. The U.S. Department of Health and Human Services in the administration of public health service programs.
</p><p>6. Investigator utilized by the Agency to obtain information relevant to a claim arising under the Federal Employees Compensation Act.
</p><p>7. The appropriate agency, whether Federal, State, or local, where there is an indication of a violation or potential violation of law, whether civil, criminal, or regulatory in nature, charged with the responsibility of investigating or prosecuting such violation or enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto, or to any agency in connection with its oversight review responsibility.
</p><p>8. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.
</p><p>9. Officials of labor organizations recognized under Pub. L. 95-454, when relevant and necessary to their duties of exclusive representation of NLRB employees under the Act. Wherever feasible and consistent with responsibilities under the Act, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>10. Individuals who need the information in connection with the processing of an appeal, grievance or complaint. Whenever feasible such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on forms and related correspondence.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in locked filing cabinet within the Personnel Branch. Filing cabinet remains locked except during access. During duty hours filing cabinet is under surveillance of personnel charged with the custody of the records, and after duty hours is behind locked doors. Access is limited to personnel who have a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Retain and dispose of in accordance with the General Records Schedules issued by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Special Programs and Services Unit, Personnel Branch, Room 533, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Forms completed by the employee; witnesses; investigators; employee's supervisor; claims examiners of the U.S. Department of Labor; and doctors' statements, if any.
</p></xhtmlContent></subsection></section>
<section id="nlrb10" toc="yes">
<systemNumber>-10</systemNumber>
<subsection type="systemName">Payroll/Personnel Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Personnel Branch, National Labor Relations Board, 1099 14th Street, NW, Washington, DC 20570-0001. Each Washington and field office maintains a copy of time and attendance records for current employees in its office, and is authorized to maintain such records on former employees of that office. See the attached appendix for addresses of these offices.
</p><p>Inactive records are stored at the appropriate Federal records center in accordance with provisions of applicable General Records Schedules issued by  National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former NLRB employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include employee's name, previous name if any, home address, date of birth, social security number, sex, race, time and attendance records, and employment histories, including prolonged leave without pay and monetary contributions to a retirement fund or thrift-savings plan made during employment and information relevant thereto. In addition, these records may also include:
</p><p>A. Employment Payroll Records: These are magnetic tape and microfiche records containing information on current and former pay and leave status for individuals serviced by the automated payroll/personnel system.
</p><p>B. Employee Pay Records: These are magnetic tape, microfiche, and individual paper folders containing information on savings bond deductions, savings account allotments, charitable contributions, child support and alimony, and Federal and state tax exemption certificates. The individual paper folders contain source documents, correspondence, and other papers in support of an active employee's pay and other allowances requested by the employee.
</p><p>C. History of Earnings and Time and Attendance Records: These are paper copies and microfiche records containing information on earnings, time and attendance, leave, and other pay-related activities.
</p><p>D. Copies of Retirement Records: These are copies of Individual Retirement Records, Civil Service Retirement (SF-2806) or the Federal Employees Retirement System (SF-3100) from the former payroll systems. These records will be used to update employees' records in cases of retroactive adjustments.
</p><p>E. Former Employee Pay Records: These records are the employee pay records (A and C, above) for employees who have been separated, transferred, or retired. In addition to information contained in the Employee Pay Records, they include information related to retirement, separation or transfer, time and attendance, and leave. These records are destroyed after separation in accordance with the NARA General Records Schedule.
</p><p>F. Unemployment Records: These records are the Unemployment Compensation Records for separated employees who seek unemployment benefits. They are maintained in a separate file.
</p><p>G. Returned Check Records: These records are a manual log for recording and controlling checks issued to employees that were returned to the Agency because they were undelivered, erroneous, or canceled prior to conversion to cash.
</p><p>H. Indebtedness Records: These records include source documents, correspondence, and other papers containing information regarding the Government's claims of debt against individuals covered by the system. These records are supplemented by hard copy or electronic records necessary to establish the identity and address of the individuals, including in certain cases, the taxpayer's mailing address provided by the Internal Revenue Service.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Agency head is responsible for establishing and maintaining an adequate payroll system, covering pay, leave, time and attendance, and allowances, in accordance with 5 U.S.C. 8301, 29 U.S.C. 153(a) and (d), 154; the Debt Collection Act of 1982 and 49 FR 27470 (salary offset provisions published 7/3/84) and 5 U.S.C. 8501-8508, Unemployment Compensation for Federal employees, the Debt Collection Improvement Act of 1996, and the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 Pub. L. 104-193, 316(f) codified at 42 U.S.C. 653.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the payroll process as it relates to current and former NLRB employees, and are used to support various fiscal and personnel functions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records or information contained therein may be disclosed to:
</p><p>1. Individuals who need the information in connection with the processing of an appeal, grievance, or complaint.
</p><p>2. The U.S. Department of Agriculture, National Finance Center.
</p><p>3. The Office of Personnel Management concerning pay and benefits for administering the Civil Service/Federal Employees Retirement Systems, and other information necessary for the office to carry out its Government-wide personnel management functions.
</p><p>4. State and local authorities for the purpose of verifying tax collections, unemployment compensation claims, and administering public assistance programs.
</p><p>5. The U.S. Department of Health and Human Services for the administration of the social security program.
</p><p>6. The U.S. General Accounting Office for audit purposes.
</p><p>7. Other agencies, offices, establishments, and authorities, whether Federal, State, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto.
</p><p>8. A Member of Congress or to a Congressional staff member in response to an inquiry of the congressional office made at the written request of the constituent about whom the records are maintained.
</p><p>9. An arbitrator to resolve disputes under a negotiated grievance arbitration procedure.
</p><p>10. Officials of labor organizations recognized under 5 U.S.C. chapter 71, when disclosure is not prohibited by law; and the data is normally maintained by the Agency in the regular course of business and is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. The forgoing shall have the identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
</p><p>11. The Department of Justice for use in litigation when either: (a) The NLRB or any component thereof: (b) an employee of the NLRB in his or her official capacity; (c) any employee of the NLRB in his or her individual capacity, where the Department of Justice has agreed to represent the employee; or (d) the United States Government where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>12. A court, magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his or her individual capacity where the NLRB has agreed to represent the employee; or (d) the United States Government is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>13. The U.S. Treasury Department for payroll purposes.
</p><p>14. Names, social security numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information, and State of hire of employees may be disclosed to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services for the purpose of locating individuals to establish paternity, establishing and modifying orders of child support, identifying sources of income, and for other child support enforcement actions required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (Welfare Reform law,  Pub. L. 104-193).
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p><p>Policies for storing, retrieving, accessing, retaining, and disposing of records in the system:
</p><p>Storage:</p>
<p>Records are maintained in file folders, on employment history cards, on microfiche, on computer disks and diskettes, on magnetic computer tapes, and on computer printouts.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable alphabetically by individual name and/or personal identifier (social security number).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file cabinets within the Payroll/Personnel Systems Unit. During duty hours, file cabinets are under surveillance of personnel charged with custody of the records, and after duty hours, records are behind locked doors. Computer records can be accessed only through use of confidential procedures and passwords. Access is limited to personnel who have a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are disposed of according to applicable provisions of the General Records Schedules issued by the National Archives and Records Administration, and with General Accounting Office approval. Microfilm, magnetic strip ledgers, and microfiche are maintained for 56 years after the date of last entry, GRS 2.1.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Personnel, NLRB, 1099 14th St., NW., Washington, DC 20570-1000. (See the attached appendix for the titles and addresses of officials of other locations responsible for this system at their locations.)
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to her or him by directing a request to the system manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to her or him should contact the appropriate manager in accordance with the procedures set forth in 29 CFR 102.117 (g) and (h).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate system manager in accordance with procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Personnel Branch, timekeepers, supervisors, and National Finance Center.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p><p><b>Appendix
</b></p><p>Names and Addresses of NLRB Offices referenced in Notice of Records System shown below.
</p><p>NLRB Headquarters Offices: 1099 14th Street, NW, Washington, DC 20570-0001
</p><p><i>Offices of the Board</i></p>
<p>Members of the Board
</p><p>Executive Secretary, Office of the Executive Secretary
</p><p>Director, Office of Representation Appeals
</p><p>Director, Division of Information
</p><p>Solicitor
</p><p>Inspector General, Office of Inspector General
</p><p>Chief Administrative Law Judge, 1099 14th Street, NW, Room 5400 East, Washington, DC 20570-0001
</p><p>Associate Chief Administrative Law Judge, San Francisco Judges, 901 Market Street, Suite 300, San Francisco, California 94103-1779
</p><p>Associate Chief Administrative Law Judge, New York Judges, 120 West 45th Street, 11th Floor, New York, New York 10036-5503
</p><p>Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree Summit Building, 401 W. Peachtree Street, NW, Suite 1708, Atlanta, Georgia 30308-3510
</p><p><i>Offices of the General Counsel</i></p>
<p>General Counsel
</p><p>Associate General Counsel, Division of Operations Management
</p><p>Associate General Counsel, Division of Advice
</p><p>Associate General Counsel, Division of Enforcement Litigation
</p><p>Director, Division of Administration
</p><p>Director, Equal Employment Opportunity
</p><p><i>NLRB Field Offices</i></p>
<p>Regional Director, Region 1, Thomas P. O'Neal, Jr. Federal Office Building, 10 Causeway Street, 6th Floor, Boston, Massachusetts 02222-1072
</p><p>Regional Director, Region 2, Jacob K. Javits Federal Building, 26 Federal Plaza, Room 3614, New York, New York 10278-0104
</p><p>Regional Director, Region 3, Thaddeus J. Dulski Federal Building, 111 West Huron Street, Room 901, Buffalo, New York 14202-2387
</p><p>Resident Officer, Albany Resident Office, Leo W. O'Brien Federal Building, Clinton Avenue at N. Pearl Street, Room 342, Albany, New York 12207-2350
</p><p>Regional Director, Region 4, One Independence Mall, 615 Chestnut Street, 7th Floor, Philadelphia, Pennsylvania 19106-4404
</p><p>Regional Director, Region 5, The Appraisers Store Building, 103 South Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
</p><p>Resident Officer, Franklin Court Building, 1099 14th Street, NW, Suite 5530, Washington, DC 20570-0001
</p><p>Regional Director, Region 6, William S. Moorehead Federal Building, 1000 Liberty Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
</p><p>Regional Director, Region 7, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Room 300, Detroit, Michigan 48226-2569
</p><p>Resident Officer, Grand Rapids Resident Office, The Furniture Company Building, 82 Ionia Northwest, Room 330, Grand Rapids, Michigan 49503-3022
</p><p>Regional Director, Region 8, Anthony J. Celebrezze Federal Building, 1240  East 9th Street, Room 1695, Cleveland, Ohio 44199-2086
</p><p>Regional Director, Region 9, Federal Office Building, 550 Main Street, Room 3003, Cincinnati, Ohio 45202-3271
</p><p>Regional Director, Region 10, Harris Tower, 233 Peachtree Street, NE, Suite 1000, Atlanta, Georgia 30303-1504
</p><p>Resident Officer, The Burger-Phillips Center, 1900 3rd Avenue North, Third Floor, Birmingham, Alabama 35203-3502
</p><p>Regional Director, Region 11, Republic Square, Suite 200, 4035 University Parkway, Winston-Salem, North Carolina 27106-3325
</p><p>Regional Director, Region 12, Enterprise Plaza, Suite 530, 201 East Kennedy Boulevard, Tampa, Florida 33602-5824
</p><p>Resident Officer, Jacksonville Resident Office, Federal Building, 400 West Bay Street, Room 214, Box 35091, Jacksonville, Florida 32202-4412
</p><p>Resident Officer, Miami Resident Office, Federal Building, 51 Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
</p><p>Regional Director, Region 13, 200 West Adams Street, Suite 800, Chicago, Illinois 60606-5208
</p><p>Regional Director, Region 14, 1222 Spruce Street, Room 8.202, Saint Louis, Missouri 63103-2829
</p><p>Regional Director, Region 15, 1515 Poydras Street, Room 610, New Orleans, Louisiana 70112-3723
</p><p>Regional Director, Region 16, Federal Office Building, 819 Taylor Street, Room 8A24, Fort Worth, Texas 76102-6178
</p><p>Resident Officer, Houston Resident Office, 440 Louisiana Street, Suite 550, Houston, Texas 77002-2649
</p><p>Resident Officer, San Antonio Resident Office, 615 E. Houston Street, Room 565, San Antonio, Texas 78205-2040
</p><p>Resident Officer, El Paso Resident Office, PO Box 23159, El Paso, Texas 79923-3159
</p><p>Regional Director, Region 17, 8600 Farley Street, Suite 100, Overland Park, Kansas 66212-4677
</p><p>Resident Officer, Tulsa Resident Office, 224 South Boulder Avenue, Room 316, Tulsa, Oklahoma 74103-4214
</p><p>Regional Director, Region 18, Federal Building, 110 South 4th Street, Room 234, Minneapolis, Minnesota 55401-2291
</p><p>Resident Officer, Des Moines Resident Office, Federal Building, 210 Walnut Street, Room 439, Des Moines, Iowa 50309-2116
</p><p>Regional Director, Region 19, Henry M. Jackson Federal Building, 915 Second Avenue, Room 2948, Seattle, Washington 98174-1078
</p><p>Resident Officer, Anchorage Resident Office, Federal Office Building, 222 West 7th Avenue, Box 21, Anchorage, Alaska 99513-3546
</p><p>Officer in Charge, Subregion 36, 222 SW Columbia Street, Room 401, Portland, Oregon 97201-6604
</p><p>Regional Director, Region 20, 901 Market Street, Suite 400, San Francisco, California 94103-1735
</p><p>Officer in Charge, Subregion 37, Prince Kuhio Federal Building, 300 Ala Moana Boulevard, Room 7318, Honolulu, Hawaii 96850-4980
</p><p>Regional Director, Region 21, 888 South Figueroa Street, 9th Floor, Los Angeles, California 90017-5449
</p><p>Resident Officer, San Diego Resident Office, Pacific Professional Center, 555 West Beech Street, Suite 302, San Diego, California 92101-2939
</p><p>Regional Director, Region 22, 20 Washington Place, 5th Floor, Newark, New Jersey 07102-2570
</p><p>Regional Director, Region 24, La Torre de Plaza, 525 F.D. Roosevelt Avenue, Suite 1002, San Juan, Puerto Rico 00918-1002
</p><p>Regional Director, Region 25, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 238, Indianapolis, Indiana 46204-1577
</p><p>Region Director, Region 26, Mid-Memphis Tower Building, 1407 Union Avenue, Suite 800, Memphis, Tennessee 38104-3627
</p><p>Resident Officer, Little Rock Resident Office, TCBY Tower, 425 West Capitol Avenue, Suite 375, Little Rock, Arkansas 72201-3489
</p><p>Resident Officer, Nashville Resident Office, 810 Broadway, 3rd Floor, Nashville, Tennessee 37203-3816
</p><p>Regional Director, Region 27, Dominion Plaza, North Tower, 600 17th Street, 7th Floor, Denver, Colorado 80202-5433
</p><p>Regional Director, Region 28, Security Building, 234 North Central Avenue, Suite 440 Phoenix, Arizona 85004-2212
</p><p>Resident Officer, Albuquerque Resident Office, Western Bank Plaza, 505 Marquette Avenue, NW, Room 1820, Albuquerque, New Mexico 87102-2181
</p><p>Resident Officer, Las Vegas Resident Office, Alan Bible Federal Building, 600 Las Vegas Boulevard South, Suite 400, Las Vegas, Nevada 89101-6637
</p><p>Regional Director, Region 29, One MetroTech Center, Jay Street and Myrtle Avenue, 10th Floor, Brooklyn, New York 11201-4201
</p><p>Regional Director, Region 30, Henry S. Reuss Federal Plaza, Suite 700, 310 West Wisconsin Avenue, Milwaukee, Wisconsin 53203-2211
</p><p>Regional Director, Region 31, 11150 W. Olympic Boulevard, Suite 700, Los Angeles, California 90064-1824
</p><p>Regional Director, Region 32, Breuner Building, 2nd Floor, 1301 Clay Street, Room 300N, Oakland, California 94612-5211
</p><p>Regional Director, Region 33, Hamilton Square Building, Suite 200, 300 Hamilton Boulevard, Peoria, Illinois 61602-1246
</p><p>Regional Director, Region 34, 1 Commercial Plaza, 21st Floor, Church and Trumbull Street, Hartford, Connecticut 06103-3599
</p></xhtmlContent></subsection></section>
<section id="nlrb12" toc="yes">
<systemNumber>-12</systemNumber>
<subsection type="systemName"> Prefiling Communications.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are authorized to be maintained in all Field Offices of the Agency, at the address listed in the attached appendix, and Office of the General Counsel, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons who have sought assistance regarding possible institution of an unfair labor practice, representation, or other civil action or proceeding before the National Labor Relations Board.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include file memoranda detailing the substance of oral communications; letters of inquiry and responses thereto; information relating to an individual's employment history, job performance, earnings, home address, telephone number, union activity; or other information relevant to a potential action or proceeding before the National Labor Relations Board.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 158-169.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the processing of preliminary inquiries regarding potential unfair labor practices, representation, or other civil action or proceeding before the NLRB, or representation case issues.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records, or information therefrom, are disclosed to:
</p><p>1. Agency officials and employees who have a need for the records or information in the processing of cases before the Agency.
</p><p>2. The appropriate agency, whether Federal, State, or local, charged with the responsibility of investigating or prosecuting a violation or charged with enforcing or implementing a statute, rule, regulation, or order issued pursuant thereto, where there is an indication of a violation or potential violation of law, whether civil, criminal, or regulatory in nature.
</p><p>3. A congressional office in response to an inquiry from the congressional office made a request of the subject individual.
</p><p>4. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee or Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>5. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on paper in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Maintained in file cabinets in the nonpublic area of the office under the immediate control of the System Manager. During duty hours cabinets are under surveillance of personnel charged with custody of the records and after duty hours are behind locked doors.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In the event a civil action or proceeding is instituted prior to the record being destroyed, the record is placed in the case file which is not indexed by the name of the individual. In the event no action or proceeding is instituted, the records are destroyed when 1 year old.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>General Counsel, NLRB, 1717 Pennsylvania Avenue NW, Washington, DC 20570. See the attached appendix for titles and addresses of officials responsible for this system at their locations.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual who seeks assistance.
</p></xhtmlContent></subsection></section>
<section id="nlrb13" toc="yes">
<systemNumber>-13</systemNumber>
<subsection type="systemName"> Time and Attendance Records, NLRB.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Current records are maintained in:
</p><p>Financial Management Branch, NLRB, 1717 Pennsylvania Avenue NW, Washington, DC 20570. Each Washington and Field Office maintains a copy of time and attendance records for current employees in that office, and is authorized to retain such records on former employees of that office. See the attached appendix for addresses of these offices.
</p><p>Inactive records are stored at the appropriate Federal records center in accordance with provisions of applicable General Records Schedules issued by the General Service Administration.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees of the Agency.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include name; home address; organizational unit number, payroll identification number; entrance-on-duty date; time worked, including regular hours, overtime, compensatory time, and premium pay status; leave earned and used; absences without leave; and doctors' certificates, when required.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 6101 et seq.; 5 U.S.C. 6301 et seq.; 29 U.S.C. 153 (a) and (d), 154.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document various pay and pesonnel functions, including the hours of work performed by employees.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records, or information therefrom, are disclosed to:
</p><p>1. Agency officials and employees who have a need for the records or information:
</p><p>a. In the compilation of biweekly payrolls.
</p><p>b. To maintain leave accounts.
</p><p>c. As a data source for management information for production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related personnel management functions or manpower studies.
</p><p>2. Individuals making general requests for statistical information (without personal identification of individuals).
</p><p>3. Another Federal Government agency in connection with the transfer of an NLRB employee to that agency.
</p><p>4. The Office of Personnel Management for administering the Civil Service Retirement System.
</p><p>5. The U.S. General Accounting Office for audit purposes.
</p><p>6. Another Government agency or private organization in connection with an agreement under the Intergovernmental Personnel Act.
</p><p>7. The U.S. Treasury Department for payroll purposes.
</p><p>8. The appropriate agency, whether Federal, State, or local, where there is an indication of a violation or potential violation of law, whether civil, criminal, or regulatory in nature, charged with the responsibility of investigating or prosecuting such violation or enforcing or implementing the statute, rule, regulations, or order issued pursuant thereto, or to any agency in connection with its oversight review responsibility.
</p><p>9. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.
</p><p>10. Individuals who have a need for the information in connection with the processing of an appeal, grievance, or complaint. Wherever feasible, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>11. Officials of labor organizations recognized under Public Law 95-454, when relevant and necessary to their duties of exclusive representation of NLRB employees under the Act. Wherever feasible and consistent with responsibilities under the Act, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>12. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>13. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on Form TDF 10-11.H-1, H-2, and H-3 and related forms and papers, and on microfilm/microfiche.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Chronologically by year, and within each year by organizational unit, and within each unit by social security number or by employee name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Original source documents or copies thereof are maintained in file cabinets. Microfilm/microfiche is maintained in locked fireproof metal cabinets. During duty hours, cabinets are under surveillance of personnel charged with custody of the records, and after duty hours are behind locked doors. Access is limited to personnel having a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Destroyed after GAO audit or when 3 years old, whichever is sooner.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Finance Officer, NLRB, 1717 Pennsylvania Avenue NW, Washington, DC 20570. See the attached appendix for the titles and addresses of officials at other locations responsible for this system at their locations.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual to whom the record pertains, timekeeper or supervisor, doctors' statements.
</p></xhtmlContent></subsection></section>
<section id="nlrb14" toc="yes">
<systemNumber>-14</systemNumber>
<subsection type="systemName"> Equal Employment Opportunity Program Management System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Management and Information Systems Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570. Office of Equal Employment Opportunity, NLRB, 1717 Pennsylvania, Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former NLRB employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records may include information such as employee name, social security number, Minority Group Designator (MGD) Code, employment status, sex, date of birth, payroll block and unit number, pay plan, grade and step, entrance-on-duty date, and date of last promotion, date of last quality step increase, organizational unit, employment class, and date of separation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 CFR part 1613; 29 U.S.C. 153(a) and (d), 154.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the implementation of the NLRB Equal Employment Opportunity Program.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records, or information therefrom are disclosed to:
</p><p>1. Agency officials and employees who have a need for the record or information:
</p><p>a. In monitoring and evaluating the status and progress of minority/female employment.
</p><p>b. As a data source for management information for production of summary descriptive statistics and analytical studies in support of the Agency's EEO Program (without personal identification of individuals).
</p><p>c. In connection with the investigation, processing, adjudication and/or settlement of an EEO complaint or civil action.
</p><p>2. Individuals making general requests for statistical information (without personal identification of individuals).
</p><p>3. A congressional office in response to an inquiry from the congressional office made at the request of the subject individual.
</p><p>4. The appropriate agency, whether Federal, State, or local, where there is an indication of a violation or potential violation of law, whether civil, criminal, or regulatory in nature, charged with the responsibility of investigating or prosecuting such violation or enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto, or to any agency in connection with its oversight review responsibility.
</p><p>5. Officials of labor organizations recognized under Public Law 95-454, when relevant and necessary to their duties of exclusive representation of NLRB employees under the Act. Wherever feasible and consistent with responsibilities under the Act, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>6. Individuals who have a need for the information in connection with the processing of an appeal, grievance, or complaint. Wherever feasible, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>7. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capactiy where the Department of Justice has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>8. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Maintained on computer disk file and magnetic tape backup.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By social security account number, alphabetically by name, or by employee's organizational unit or post of duty.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All doors to the computer room have combination locks and during duty hours the computer and magnetic tape backup are under surveillance of Agency personnel charged with custody of the records. After duty hours the computer disk file and magnetic tape backup are stored in a fireproof safe behind locked doors. Access is limited to authorized personnel only. All format programs are password protected and use of the machines for information printouts is restricted to designated personnel.
</p><p>Information printouts are maintained in file cabinets. During duty hours cabinets are under surveillance of office personnel charged with custody of the printouts and after duty hours are behind locked doors. Access to cabinets is limited to personnel having a need for access to perform their official functions.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The information in these records is updated as changes in the data elements occur. The files and information printouts are disposed of according to applicable provisions of the General Records Schedules issued by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Equal Employment Opportunity, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Any individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from the individual to whom the record pertains, Agency officials, and from personnel records.
</p></xhtmlContent></subsection></section>
<section id="nlrb15" toc="yes">
<systemNumber>-15</systemNumber>
<subsection type="systemName"> Employee Counseling Services Program Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Personnel Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former NLRB employees who have been counseled or otherwise treated for alcohol or drug abuse or for personal or emotional health problems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system include documentation of visits to employee counselors, psychologists, and physicians (Federal, State, local government, or private) and the assessment, diagnosis, recommended treatment, results of treatment, and other notes or records of discussions held with the employee, as well as family members of the employee, which may be made by the counselor. Additionally, records in this system may include documentation of treatment by a private therapist or a therapist at a Federal, State, local government, or private institution.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7901; 21 U.S.C. 1101 et seq.; 29 U.S.C. 153 (a) and (d), 154.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to document the nature of the individual's problem and progress and to record an individual's participation in and the results of community or private sector treatment or rehabilitation programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be disclosed to:
</p><p>1. The Department of Justice for use in litigation when either (a) the Agency or any component thereof, or (b) any employee of the Agency in his or her official capacity, or (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>2. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>3. Qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient identities in any manner (when such records are provided to qualified researchers employed or contracted by the Agency, all patient identifying information shall be removed).
</p><p>Note: Disclosure of these records beyond officials of the Agency having a bona fide need for them or to the person to whom they pertain, is rarely made as disclosures of information pertaining to an individual with a history of alcohol or drug abuse must be limited in compliance with the restriction of the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, 42 CFR part 2. Records pertaining to the physical and mental fitness of employees are, as a matter of Agency policy, afforded the same degree of confidentiality and are generally not disclosed.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</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 name of the individual on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in locked file cabinets labeled confidential with access strictly limited to employees directly involved in the Agency's Employee Assistance Program.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are destroyed 3 years after termination of counseling. The records are destroyed by shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief, Special Programs and Services Unit, Personnel Branch, Room 533, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records comes from the individual to whom it applies, the supervisor of the individual if the individual was referred by the supervisor, the Employee Assistance Program Coordinator, or staff member whom records the counseling session, and therapists or institutions providing treatment.
</p></xhtmlContent></subsection></section>
<section id="nlrb16" toc="yes">
<systemNumber>-16</systemNumber>
<subsection type="systemName">  Investigative Services Case Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of contractors of the Agency.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals sought by the Agency for purpose of effecting compliance with the National Labor Relations Act and Board Orders and court decrees issued thereunder.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records consist of investigative reports on efforts to trace individuals, entities, and assets, and include copies of interview reports, public documents, and certain confidential data gathered.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 552a(m)(1) and 29 U.S.C. 153(d) and 160.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to effect compliance with the National Labor Relations Act and Board Orders and court decrees issued thereunder.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be used in disclosing information to:
</p><p>1. A congressional office in response to an inquiry from congressional office made at the request of the subject individual.
</p><p>2. A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency, or any component thereof, (b) any employee of the Agency his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States, where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has interest in such litigation, and the Agency determines that disclosure of the records to a court or other adjudicative body is compatible with the purpose for which the records were collected.
</p><p>3. The Department of Justice for use in litigation when either (a) the Agency, or any component thereof, (b) any employee of the Agency is his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Department of Justice has agreed to represent the employee, or (d) the United States, where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the Agency to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>4. The appropriate agency, whether Federal, State, or local, where there is an indication of a violation or potential violation of law, whether civil, criminal, or regulatory in nature, charged with the responsibility of investigating or prosecuting such violation or enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto or to any agency in connection with its oversight review responsibility.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records are kept in file holders in locked filing cabinets in offices of contractors of the Agency. Automated information storage and retrieval systems may also be used by individual contractors.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are maintained alphabetically by name, or may be retrieved by other personal identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of the records is limited to authorized persons on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records are retained by the contractor for no more than 3 years after the case is closed, and are destroyed upon notification from the Agency.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Contempt Litigation Branch, Division of Enforcement Litigation, National Labor Relations Board, Room 923, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to him or her by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(e).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.11(f).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117(h).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Public records, state, and local law enforcement authorities, third party informants, and Agency personnel.
</p></xhtmlContent></subsection></section>
<section id="nlrb17" toc="yes">
<systemNumber>-17</systemNumber>
<subsection type="systemName">  Personnel Security Files.
</subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Most personnel security records are not classified.  However, in some cases, records of certain individuals, or portions of some records, may be classified in the interest of national security.</p>
        </xhtmlContent> </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>National Labor Relations Board, Division of Administration, Security Branch; the current street address of the NLRB can be found at www.nlrb.gov.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>Individuals who may require regular, ongoing access to National Labor Relations Board facilities and its information technology systems, or information classified in the interest of national security, including applicants for employment or contracts, federal employees, contractors, students, interns, volunteers, affiliates, and individuals authorized to perform or use services provided at National Labor Relations Board facilities. Individuals formerly in any of these positions may also have records in this system.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>Records in the system include the following:</p>
            <p>A. Copies of investigative information (i.e., SF-85/85P/86/87) regarding an individual that were created by the Office of Personnel Management, the FBI, the Department of Defense, the Department of Homeland Security, or other agencies that provide the NLRB with information.</p>
            <p>B. Correspondence relating to adjudication matters and results of suitability decisions in cases adjudicated by the Office of Personnel Management, Federal Investigative Services in accordance with 5 C.F.R. 731.</p>
            <p>C. Records of personnel background investigations regarding suitability that have been provided by other Federal agencies.</p>
            <p>D. Records of adjudicative and HSPD-12 decisions by other Federal agencies, including clearance determinations and/or polygraph results.</p>
            <p>E.  Assorted government-wide forms that are routinely used by the Agency in making suitability determinations and granting clearances.</p>
            <p>Categories A-E above may include the following types of information about individuals: name, former names, birth date, birth place, Social Security number, home address, phone numbers, employment history, residential history, education and degrees earned, names of associates and references and their contact information, citizenship, names of relatives, birthdates and places of relatives, citizenship of relatives, names of relatives who work for the federal government, criminal history, mental health history, drug use, financial information, fingerprints, summary report of investigation, results of suitability decisions, level of security clearance, date of issuance of security clearance, requests for appeal, witness statements, investigator’s notes, tax return information, credit reports, NLRB identification cards, and employee photographs, security violations, circumstances of violation, and agency action taken.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>Exec. Order 10450 Security requirement for Government Employment; Exec. Order 10865 Safeguarding classified information within industry; Exec. Order 12333 (amended) US Intelligence Activities; Exec. Order 12356 National Security Information; Homeland Security Presidential Directive (HSPD) 12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB Memo M-05-24, August 2005 Implementation of HSPD-12-policy for a Common Identification Standard for Federal Employees and Contractors; OPM Memo, July 2008, Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12; FIPS PUB 201-2, August 2013, Federal Information Processing Standards Publication, Personal Identity Verification (PIV) of Federal Employees and Contractors; Title 5 U.S.C. Sec 3301 Civil Service - Generally; Title 5 U.S.C. Sec 9101 Access to Criminal History Records for National Security and Other Purposes; Title 5 U.S.C. Parts 1400 National Security Positions ; Title 5 U.S.C. Parts 736 Personnel Investigations; Title 42 U.S.C. Sec 2165 Security Restrictions; Title 42 U.S.C. Sec 2201 General Duties of Commission; Title 50 U.S.C. Sec 781-858 Internal Security; Title 50 U.S.C. Sec 881 – 887 National Defense Facilities  ; NLRB Administrative Policies and Procedures Manual, Sec-1(B) Suitability and Security Regulations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>Records in this system are used by the NLRB Security Branch staff for documentation and support of decisions regarding clearance for access to classified information, and determining suitability, eligibility, and fitness for service of applicants for federal employment and contract positions, as well as current employees undergoing reinvestigation at the National Labor Relations Board.  The records in this system may be used to document security violations and supervisory actions in response to such violations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>Records and/or information are disclosed to:</p>
            <p>1.  Designated officers and employees of agencies (excluding the National Labor Relations Board) and offices in the executive, legislative, or judicial branches of the Federal government, with a need to evaluate qualifications, suitability, or loyalty to the United States Government, as well as the granting of a security clearance or access to classified information or restricted areas.</p>
            <p>2.  A Federal, state, local, tribal, or other charged agency maintaining civil, criminal, or other relevant enforcement information, if necessary to obtain information relevant to an NLRB decision concerning the hiring or retention of an employee, or the issuance of a security clearance, contract, grant, license, or other benefit, 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>3.  A Federal, state, local, tribal, or other charged agency in response to its request in connection with the hiring or retention of an employee or the issuance of a security clearance, to the extent that the information is relevant and necessary to the requesting agency's decisions on that matter.</p>
            <p>4.  Except as noted on Forms SF 85, 85-P, 86, and 87, when a record on its face, or in conjunction with other records, 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, disclosure may be made to the appropriate public authority, whether Federal, state, local, tribal, or other authority charged with the responsibility of investigating or prosecuting such violation, or to any agency in connection with its oversight review responsibility.</p>
            <p>5.  A Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.  However, the investigative file, or parts thereof, will only be released to a Congressional office if the Agency receives a signed statement under 28 U.S.C. 1746 from the subject of the investigation.</p>
            <p>6.  The Department of Justice for use in litigation when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (d) the United States Government is a party to litigation or has an interest in such litigation, and the Agency determines that the records are both relevant and necessary to the litigation.</p>
            <p>7.  A court or other adjudicative body before which the Agency is authorized to appear, when either (a) the Agency or any component thereof, (b) any employee of the Agency in his or her official capacity, (c) any employee of the Agency in his or her individual capacity, where the Agency has agreed to represent the employee, or (d) the United States Government is a party to litigation or has an interest in such litigation, and the Agency determines that the records are both relevant and necessary to the litigation.</p>
            <p>Disclosure To Consumer Reporting Agencies:</p>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Storage:</p>
            <p>Records are maintained in paper format in file folders, on digital images, and in electronic databases.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>Data may be retrieved by name, Social Security number, or date of birth.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>Paper – Paper files are stored in a locked file cabinet or a secure facility with an intrusion alarm system at NLRB Headquarters in the Security branch. Access is limited to personnel security officers and their duly authorized representatives who have a need to know the information for the performance of their official duties. The U.S. Postal Service and other postal providers are used to transmit hard copy records sent to and from field offices, other agencies, and designated individuals.</p>
            <p>Electronic – Comprehensive electronic records are maintained in the Security Branch and on the NLRB network.  Electronic records are maintained in computer databases in a secure room accessible only by a personal identity verification card reader which is limited to Office of Chief Information Officer designated employees.  Information that is transmitted electronically from field offices is encrypted. Access to the records is restricted to security staff with a specific role in the Personal Identity Verification (PIV) program and Personnel Security process requiring access to background investigation information to perform their duties, and who have been given access rights to that part of the system, including background investigation records.  An audit trail is maintained and reviewed periodically to identify unauthorized access for both programs.  Persons given roles in the PIV program must complete training specific to their roles to ensure they are knowledgeable about how to protect personally identifiable information.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p><i>Personnel Security Clearance Files, Case Files</i> are disposed in accordance with General Records Schedule 18, Item 22a.  Files are destroyed upon notification of death, or no later than 5 years after separation or transfer of employee or no later than 5 years after the applicable contractual relationship with the Agency expires, whichever is applicable.
            </p>
            <p><i>Investigative Documents Furnished to the Agency</i> are disposed in accordance with General Records Schedule 18, Item 22b.  Files are destroyed in accordance with the investigating agency instructions.
            </p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Chief Security Officer, National Labor Relations Board; the current street address of the NLRB can be found at www.nlrb.gov.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the Privacy Act, an individual may inquire as to whether this system contains a record pertaining to such individual by sending a request in writing, signed, to the System Manager at the address above, in accordance with the procedures set forth in 29 C.F.R. 102.119(a).</p>
            <p>When an individual requests notification whether the system of records covered by this Notice contains records pertaining to that individual, the request should provide the individual’s full name, date of birth, agency name, and work location.  An individual requesting notification of records in person must provide identity documents sufficient to satisfy the custodian of the records that the requester is entitled to such notification, such as a government-issued photo ID.  Individuals requesting notification via mail must furnish, at minimum, name, date of birth, Social Security number, and home address in order to establish identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the Privacy Act, an individual seeking to gain access to records in this system pertaining to him or her should contact the System Manager at the address above, in accordance with the procedures set forth in 29 C.F.R. 102.119(b) and (c).</p>
            <p>When an individual requests access to records contained within the system of records covered by this Notice pertaining to that individual, the request should provide the individual’s full name, date of birth, agency name, and work location.  An individual requesting access in person must provide identity documents sufficient to satisfy the custodian of the records that the requester is entitled to such access, such as a government-issued photo ID.  Individuals requesting access via mail must furnish, at minimum, name, date of birth, Social Security number, and home address in order to establish identity.  Requesters should also reasonably specify the record contents being sought.  Investigative information created by other agencies (Record Category A, above) remain the property of those agencies and requests regarding such material must be directed to them.</p>
            <p>Current NLRB employees employed in bargaining units covered by a collective-bargaining agreement should refer to the applicable provisions of that agreement.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the Privacy Act, an individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the System Manager at the address above,  in accordance with the procedures set forth in 29 C.F.R. 102.119(d).</p>
            <p>When an individual seeks to contest records contained within the system of records covered by this Notice pertaining to that individual, the request should provide the individual’s full name, date of birth, agency name, and work location.  An individual seeking to contest records in person must provide identity documents sufficient to satisfy the custodian of the records that the requester is entitled to contest such records, such as a government-issued photo ID.  Individuals seeking to contest records via mail must furnish, at minimum, name, date of birth, social security number, and home address in order to establish identity.  Requesters should also reasonably identify the record, specify the information they are contesting, state the corrective action sought and the reasons for the correction along with supporting justification showing why the record is not accurate, timely, relevant, or complete.  Investigative information created by other agencies (Record Category A, above) remain the property of those agencies and requests regarding such material must be directed to them.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the Privacy Act, record source categories include the following: the employee, contractor, or applicant via use of the SF-85, SF-85P, SF-86, or SF-87 and personal interviews; employers’ and former employers’ records; FBI criminal history records and other databases; financial institutions and credit reports; medical records and health care providers; educational institutions; interviews of witnesses such as neighbors, friends, co-workers, business associates, teachers, landlords, or family members; tax records; and other public records.  Security violation information is obtained from a variety of sources, including security inspections, witnesses, supervisors’ reports, audit reports.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>Pursuant to 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the Privacy Act, the Agency has exempted portions of this system that relate to providing an accounting of disclosures to the data subject, and access to and amendment of records (5 U.S.C. 552a(c)(3),(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)). This system may contain the following types of information:</p>
            <p>1. Properly classified information subject to the provisions of section 552(b)(1), which states as follows: (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order.</p>
            <p>2. Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of this section: provided, however, that if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a 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 the effective date of this section, under an implied promise that the identity of the source would be held in confidence.</p>
            <p>3. Information maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 of the U.S. Code.</p>
            <p>4. Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment and Federal contact or access to classified information. Materials may be exempted to the extent that release of the material to the individual whom the information is about would reveal the identity of a 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, furnished information to the Government under an implied promise that the identity of the source would be held in confidence.</p>
            <p>5. Testing and examination materials, compiled during the course of a personnel investigation, that are used solely to determine individual qualifications for appointment or promotion in the Federal service, when disclosure of the material would compromise the objectivity or fairness of the testing or examination process.</p>
            <p>6. Evaluation materials, compiled during the course of a personnel investigation, that are used solely to determine potential for promotion in the armed services may be exempted to the extent that the disclosure of the data would reveal the identity of a 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>
         </xhtmlContent></subsection></section>
<section id="nlrb18" toc="yes">
<systemNumber>-18</systemNumber>
<subsection type="systemName">Office of Inspector General Investigative Files.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Inspector General, National Labor Relations Board, 1099 14th Street, NW., Suite 9820, Washington, DC 20570, (202) 273-1960.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Subject individuals include, but are not limited to, current and former employees; contractors, subcontractors, their agents, or employees; and others whose actions affect the NLRB, its programs, and operations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All correspondence relevant to the investigation; all internal staff memoranda; copies of all subpoenas issued during the investigation; affidavits, statements from witnesses, and transcripts of testimony taken in the investigation and accompanying exhibits; documents and records or copies obtained during the investigation; working papers of the staff; other documents and records relating to the investigations, and records relating to "Hotline" complaints.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 95-452, as amended, 5 U.S.C. app. at 1184 (1988); 5 U.S.C. 552a.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used by the Inspector General's Office in the investigation of programs and operations of the National Labor Relations Board pursuant to the Inspector General Act Amendments of 1988, 5 U.S.C. app. at 1184 (1988).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Other agencies, offices, establishments, and authorities, whether Federal, State, or local, (including State or local bar associations and other professional, regulatory, or disciplinary bodies) authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order pursuant thereto.
</p><p>Any source from which information is requested in the course of an investigation, 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>Independent auditors or other private firms with which the Office of Inspector General has contracted to carry out an independent audit or noncriminal investigation, or to analyze, collate, aggregate, or otherwise refine data collected in the system of records. These contractors will be required to maintain Privacy Act safeguards with respect to such records.
</p><p>A court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when the NLRB determines it is relevant and necessary to the litigation.
</p><p>A court or other adjudicative body before which the NLRB is authorized to appear, when either (a) the NLRB, or any component thereof, (b) any employee of the NLRB in his or her official capacity, (c) any employee of the NLRB in his or her individual capacity, where the NLRB has agreed to represent the employee, or (d) the United States, where the NLRB determines that litigation is likely to affect the NLRB or any of it components, is a party to litigation or has interest in such litigation, and the NLRB determines that disclosure of the records to a court or other adjudicative body is relevant, necessary, and compatible with the purpose for which the records were collected.
</p><p>The Department of Justice for use in litigation when either (a) the NLRB, or any component thereof, (b) any employee of the NLRB in his or her official capacity, (c) any employee of the NLRB in his or her individual capacity, where the Department of Justice has agreed to represent the employee, or (d) the United States, where the NLRB determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the NLRB determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>These records may be disclosed, as a routine use, to the Agency's legal representative, to include the Department of Justice and other outside counsel, where the Agency is a party in litigation or has an interest in litigation when either (a) NLRB, or any component thereof; (b) Any employee of NLRB in his or her official capacity; (c) Any employee of NLRB in her or her individual capacity, where the Department of Justice has agreed or is considering a request to represent the employee; or (d) The United States, where NLRB determines that litigation is likely to affect NLRB or any of its components, is a party to litigation or has an interest in such litigation, and NLRB determines that the use of such records by the Department of Justice is relevant and necessary to litigation; provided however, that in each case, NLRB determines that disclosures of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>These records may routinely be disclosed to other Federal agencies, in response to their requests in connection with the conduct of background checks. Disclosure will be made only to the extent that the information is relevant and necessary to the requesting agencies' function.
</p><p>These records may be disclosed, as a routine use, to the Office of Government Ethics for any purpose consistent with that office's mission, including the compilation of statistical data.
</p><p>These records may be disclosed, as a routine use, to debt collection contractors for the purpose of collecting delinquent debts as authorized by the Debt Collection Act of 1982, 31 U.S.C. 3718.
</p><p>These records may be disclosed, as a routine use, to agency personnel responsible for bringing Program Fraud Civil Remedies Act litigation, to the persons constituting the tribunal hearing such litigation or any appeals therefrom, and to counsel for the defendant party in any such litigation.
</p><p>A member of Congress or to a congressional staff member in response to an inquiry of the congressional office made at the written request of an individual about whom the record is maintained. In such cases, the member has no greater right to access to the record than does the individual.
</p><p>These records may be disclosed, as a routine use, for a legitimate public interest to the news media and public to provide information on events in the criminal process following an indictment, the filing of formal charges by another means, or a conviction; or when necessary for protection from imminent threat to life or property.
</p><p>These records may be disclosed, as a routine use, to members of the President's Council on Integrity and Efficiency/Executive Council on Integrity and Efficiency, for the preparation of reports to the President and Congress on the activities of the Inspectors General.
</p><p>These records may be disclosed, as a routine use, to members of the President's Council on Integrity and Efficiency/Executive Council on Integrity and Efficiency, the Department of Justice, the Federal Bureau of Investigation, or the U.S. Marshals Service, as necessary, for the purpose of conducting qualitative assessment reviews of the investigative operations of NLRB OIG to ensure that adequate internal safeguards and management procedures are maintained.
</p><p>These records may be disclosed, as a routine use, to the Office of Management and Budget in order to obtain that office's advice regarding the NLRB's obligations under the Privacy Act.
</p><p>The Department of Justice for the purpose of obtaining its advice in the event that the NLRB concludes it is desirable or necessary in determining whether particular records are required to be disclosed under the Freedom of Information Act.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Office of Inspector General Investigative Files consists of paper records maintained in files, records on computer disks and diskettes, and records on computer tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records are retrievable by case number and individual name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are only available to those persons whose official duties require such access. The records are kept in a limited access area during on duty hours. During off-duty hours they are kept inside locked offices, in locked file cabinets, or in safes. Computer records can be accessed only through use of confidential procedures and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>As prescribed in NLRB Records Schedule, Job Number N1-025-01-1, OIG Investigative Files are generally destroyed 10 years after a case is closed. Cases that are unusually significant for documenting major violations of criminal law or ethical standards are offered to the National Archives for permanent retention.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of the Inspector General, National Labor Relations Board, 1099 14th Street, NW., Suite 9820, Washington, DC 20570, (202) 273-1960.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The OIG Investigative Files are exempt pursuant to 5 U.S.C. 552a (j)(2) and (k)(2); however, consideration will be given to requests addressed to the system manager. The request should include the individual's name and date of birth.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See "Notification Procedures" above. Requestors should specify the record contents being sought. Under section 7(b) of the Inspector General Act of 1978 (Pub. L. 95-452), the identity of an employee or other personal source who makes a complaint or provides information to the Office of the Inspector General (OIG) via the OIG "Hotline" is exempt from disclosure unless the Inspector General determines such disclosure is unavoidable during the course of an investigation.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Contact the system manager at the above address, and identify the record, specify the information to be contested, and the corrective action sought with supporting justification.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The Office of Inspector General collects information from a wide variety of sources, including information from the NLRB and other Federal, state, and local agencies, witnesses, complainants and other nongovernmental sources.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the extent it consists of investigatory material compiled for criminal law enforcement purposes, is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, except subsections (b), (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11), and (i).
</p><p>Pursuant to 5 U.S.C. 552a(k)(2), this system of records, to the extent it consists of investigatory material compiled for law enforcement purposes other than material within the scope of the exemption at 5 U.S.C. 552a(j)(2), is exempted from the following provisions of the Privacy Act of 1974, 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f).
</p><p>These exemptions are contained in 29 CFR part 102.
</p></xhtmlContent></subsection></section>
<section id="nlrb19" toc="yes">
<systemNumber>-19</systemNumber>
<subsection type="systemName"> Telephone Call Detail Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are authorized to be maintained for current and former NLRB employees in all Agency offices. See the attached appendix for the addresses of these offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All current and former employees (permanent, temporary, part or full time) and all contractors, subcontractors, and consultants who make long-distance calls and individuals who receive telephone calls placed from or charged to Agency telephones.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records relating to use of NLRB telephones to place long-distance calls; records relating to long-distance telephone calls charged to the Agency; records indicating assignment of telephone numbers and authorized calling card numbers to employees, and records relating to the location of telephones in the Agency.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 153, 154, 155; 31 U.S.C. 1348(b); 44 U.S.C. 3101; 41 CFR 201-21.601; 5 U.S.C. 552a, and FIRMR Bulletin C-13, dated January 31, 1991.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These documents are used to support the certification that telephone calls listed on call detail records were required for official business.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be disclosed to:
</p><p>1. A Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained.
</p><p>(2) The General Services Administration and the National Archives and Records Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
</p><p>3. A court, a magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof; or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his or her individual capacity where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>(4) Other agencies, offices, establishments, and authorities, whether Federal, state, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto.
</p><p>(5) The Department of Justice for use in litigation when either (a) the NLRB, or any component thereof, (b) any employee of the NLRB in his or her official capacity, (c) any employee of the NLRB in his or her individual capacity, where the Department of Justice has agreed to represent the employee, or (d) the United States, where the NLRB determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the NLRB determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>(6) Officials of labor organizations recognized under Public Law 95-454, when relevant and necessary to their duties of exclusive representation of NLRB employees under the Act. Whenever feasible and consistent with responsibilities under the Act, such information shall be furnished in depersonalized form, i.e., without personal identifiers.
</p><p>(7) NLRB current and former employees and other individuals currently or formerly provided telephone services by the NLRB to determine their individual responsibility for telephone calls.
</p><p>8. A Federal authority, in response to its request, that this system of records contains information relevant to the hiring or retention of an employee, the issuance or retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit. The other agency or licensing organization, however, may then make a request supported by the written consent of the individual for the entire record if it so chooses. No disclosure will be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the NLRB or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action.
</p><p>(9) A telecommunications company providing telecommunications support to permit servicing the account.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures may be made from this system, pursuant to 5 U.S.C. 552(a)b)(12), 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), in accordance with 3711(f) of Title 31.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The telephone call detail records consist of paper records maintained in files and records on computer disks and diskettes, and/or on computer tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records are retrievable by name, authorized calling card number, and telephone number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are only available to those persons whose official duties require such access. Paper records are maintained in file cabinets. During duty hours cabinets containing the records are under the surveillance of personnel charged with custody of the records. During off-duty hours they are kept inside locked offices, in locked file cabinets. Computer records can be accessed only through use of confidential procedures and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Telephone call detail records are retained and disposed of in accordance with the National Archives and Records Administration (NARA), General Records Schedule 12.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Branch Chief, Facilities and Safety, Room 6100, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001. See the attached appendix for the titles and addresses of officials at other locations responsible for this system at their locations.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire whether this system contains a record pertaining to him or her by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(f).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to him or her should contact the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(g).
</p><p>Contesting records procedures:
</p><p>An individual may request amendment of a record pertaining to such individual maintained in this system by directing a request to the appropriate System Manager in accordance with the procedures set forth in 29 CFR 102.117(i).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Telephone assignment records; telephone call detail listings; results of administrative inquiries relating to assignment of responsibility for placement of specific long-distance calls.
</p><p><b>Appendix
</b></p><p>Names and addresses of NLRB offices referenced in Notice of Telephone Call Detail Records Systems shown above.
</p><p>NLRB Headquarters Offices:
</p><p>1099 14th Street, NW, Washington, DC 20570-0001
</p><p>Offices of the Board
</p><p>Members of the Board
</p><p>Executive Secretary, Office of the Executive Secretary
</p><p>Director, Office of Representative and Appeals
</p><p>Director, Office of Information
</p><p>Solicitor
</p><p>Chief Administrative Law Judge, 1550 Wilson Boulevard, 6th Floor, Arlington, VA 22209-2426
</p><p>Deputy Chief Administrative Law Judge, San Francisco Judges, 901 Market Street, suite 300, San Francisco, CA 94103-1779
</p><p>Associate Chief Administrative Law Judge, New York Judges, 120 West 45th Street, 11th Floor, New York, NY 10036-5503
</p><p>Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree Summit Building, 401 W. Peachtree St., NW--suite 1708, Atlanta, GA 30308-5510
</p><p>Offices of the General Counsel
</p><p>General Counsel
</p><p>Associate General Counsel, Division of Operations Management
</p><p>Associate General Counsel, Division of Advice
</p><p>Associate General Counsel, Division of Enforcement Litigation
</p><p>Director, Division of Administration
</p><p>Director, Equal Employment Opportunity
</p><p>Chief, Procurement and Facilities Branch
</p><p>Chief, Administrative Service Branch
</p><p>Chief, Management Information System Branch
</p><p>Chief, Library and Records Management Branch
</p><p>Chief, Finance Branch
</p><p>Chief, Budget Branch
</p><p>Director, Personnel Branch
</p><p>Inspector General, Office of Inspector General
</p><p>NLRB Field Offices
</p><p>Regional Director, Region 1, Thomas P. O'Neal, Jr., Federal Office Building, 10 Causeway Street, 6th Floor, Boston, MA 02222-1072
</p><p>Regional Director, Region 2, Jacob K. Javits Federal Building, 26 Federal Plaza, room 3614, New York, NY 10278-0104
</p><p>Regional Director, Region 3, Federal Building--room 901, 111 W. Huron Street, Buffalo, NY 14202-2387
</p><p>Resident Officer, Albany Resident Office, Clinton Avenue at Pearl Street--room 342, Albany, NY 12207-2350
</p><p>Regional Director, Region 4, Philadelphia Life Building--7th Floor, 615 Chestnut Street, One Independence Mall, Philadelphia, PA 19106-4404
</p><p>Regional Director, Region 5, Candler Building, 4th Floor, 109 Market Place, Baltimore, MD 21202-4026
</p><p>Resident Officer, Washington Resident Office, Gelman Building, suite 100, 2120 L Street, NW, Washington, DC 20037-1560
</p><p>Regional Director, Region 6, William S. Moorehead, Federal Office Building, room 1501, 1000 Liberty Avenue, Pittsburgh, PA 15222-4173
</p><p>Regional Director, Region 7, Patrick V. McNamara, Federal Office Building, 477 Michigan Avenue, room 300, Detroit, MI 48226-2569
</p><p>Resident Officer, Grant Rapids Resident Office, 82 Ionia, Northwest--3rd Floor, Grand Rapids, MI 49503-3022
</p><p>Regional Director, Region 8, Anthony J. Celebrezze, Federal Office Building--room 1695, 1240 East 9th Street, Cleveland, OH 44199-2086
</p><p>Regional Director, Region 9, John Weld Peck, Federal Office Building, 550 Main Street, room 30003, Cincinnati, OH 45202-3271
</p><p>Regional Director, Region 10, Marietta Tower--Suite 2400, 101 Marietta Street, Northwest, Atlanta, GA 30323-3301
</p><p>Resident Officer, Birmingham Resident Office, Massey Building, suite 407, 2025 3rd Avenue, North, Birmingham, AL 35203-3323
</p><p>Regional Director, Region 11, U.S. Courthouse/Federal Building, 251 Main Street, room 447, Winston Salem, NC 27101-3986
</p><p>Regional Director, Region 12, Enterprise Plaza, suite 530, 201 E. Kennedy Boulevard, Tampa, FL 33602-5824
</p><p>Resident Officer, Miami Resident Office, Claude Pepper Federal Building--13th Floor, 51 Southwest 1st Avenue, Miami, FL 33130-1608
</p><p>Resident Officer, Jacksonville Resident Office, Federal Building, room 278, 400 West Bay Street, Jacksonville, FL 33130-4412
</p><p>Regional Director, Region 13, Bank of America Building--suite 800, 200 West Adams Street, Chicago, IL 60606-5208
</p><p>Regional Director, Region 14, 611 N. 10th Street--suite 400, St. Louis, MO 63101-1932
</p><p>Regional Director, Region 15, 1515 Poydras Street--room 610, New Orleans, LA 70112-3723
</p><p>Regional Director, Region 16, Fritz G. Lanham, Federal Office Building, 819 Taylor Street, room 8A24, Fort Worth, TX 76102-6178
</p><p>Resident Officer, Houston Resident Office, Lyric Centre, 440 Louisana Street, Houston, TX 77002-2649
</p><p>Resident Officer, San Antonio Resident Office, US Post Office/Courthouse Building--room 565, 615 East Houston Street, San Antonio, TX 78205-2040
</p><p>Regional Director, Region 17, 5799 Broadmoor--room 500, Kansas City, KS 66302-2408
</p><p>Resident Officer, Tulsa Resident Office, Grantson Building--suite 990, 111 West Fifth Street, Tulsa, OK 74103-4262
</p><p>Regional Director, Region 18, Federal Building--room 316, 110 South 4th Street, Minneapolis, MN 55401-2291
</p><p>Resident Officer, Des Moines Resident Office, Federal Building--room 909, 210 Walnut Street, Des Moines, IA 50309-2116
</p><p>Regional Director, Region 19, Henry Jackson Federal Building--room 2948, 915 Second Avenue, Seattle, WA 48174-1078
</p><p>Resident Officer, Anchorage Resident Office, Federal Office Building, 222 West 7th Avenue, room 510, Box 21, Anchorage, AK 99513-3546
</p><p>Officer in Charge, Subregion 36, Koin Center--room 401, 222 Southwest Columbia Street, Portland, OR 97201-5878
</p><p>Regional Director, Region 20, 901 Market Street--suite 400, San Francisco, CA 94103-1735
</p><p>Officer in Charge, Subregion 37, Prince Kuhio Federal Building--room 7318, 300 Ala Moana Boulevard, Honolulu, HI 96850-4980
</p><p>Regional Director, Region 21, 615 South Flower Street--11th Floor, Los Angeles, CA 90017-2803
</p><p>Resident Officer, San Diego Resident Office, Pacific Professional Center--suite 302, 555 West Beech Street, San Diego, CA 92101-2939
</p><p>Regional Director, Region 22, Peter D. Rodino Jr., Federal office Building--room 1600, 970 Broad Street, Newark, NJ 07102-2570
</p><p>Regional Director, Region 24, Frederico Degetau, Federal Building/Courthouse--room 591, 150 Carlos E. Chardon Avenue, Hato Rey, PR 00918-1720
</p><p>Regional Director, Region 25, Minton Capehart Federal Building--room 238, 575 North Pennsylvania Street, Indianapolis, IN 46204-1577
</p><p>Regional Director, Region 26, Mid-Memphis Tower--suite 800, 1407 Union Avenue, Memphis, TN 38104-3627
</p><p>Resident Officer, Little Rock Resident Office, TCBY Building--suite 375, 425 West Capitol Avenue, Little Rock, AR 72201-3489
</p><p>Nashville Resident Office, Estes Kefauver Federal Building, U.S. Courthouse, room 716, 801 Broadway, Nashville, TN 37203-3816
</p><p>Regional Director, Region 27, Dominion Plaza, 3d Floor, 600 17th Street, Denver, CO 80202-5433
</p><p>Regional Director, Region 28, Security Building, suite 440, 234 North Central Avenue, Phoenix, AZ 85004-2212
</p><p>Resident Officer, Albuquerque Resident Office, Western Bank Plaza--room 1820, 505 Marquette Avenue, NW, Albuquerque, NM 87102-2181
</p><p>Resident Officer, El Paso Resident Office, Federal Building, suite C-403, 700 East San Antonio Avenue, El Paso, TX 79901-7020
</p><p>Resident Officer, Las Vegas Resident Office, Alan Bible Federal Building--suite 400, 600 W. Las Vegas Boulevard, South, Las Vegas, NV 89101-6637
</p><p>Regional Director, Region 29, 75 Clinton Street--8th Floor, Brooklyn, NY 11201-4201
</p><p>Regional Director, Region 30, Henry S. Reuss Federal Plaza--suite 700, 310 West Wisconsin Avenue, Milwaukee, WI 53203-2211
</p><p>Regional Director, Region 31, Federal Building/USPO--room 12100, 11000 Wilshire Boulevard, Los Angeles, CA 90024-3682
</p><p>Regional Director, Region 32, Breuner Building, 2d Floor, 2201 Broadway, PO Box 12983, Oakland, CA 94612-3017
</p><p>Regional Director, Region 33, Hamilton Square Building--suite 200, 300 Hamilton Boulevard, Peoria, IL 61602-1104
</p><p>Regional Director, Region 34, 1 Commercial Plaza--21st Floor, Church and Trumbull Streets, Hartford, CT 06103-3599
</p></xhtmlContent></subsection></section>
<section id="nlrb20" toc="yes">
<systemNumber>-20</systemNumber>
<subsection type="systemName"> Agency Disciplinary Case Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Executive Secretary; Office of the Solicitor; Board Members' Offices; Office of the General Counsel; Division of Operations Management, NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Attorneys and other individuals, other than current NLRB employees, who appear and practice before the NLRB.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All correspondence, internal staff memoranda, affidavits, statements, transcripts, exhibits, or other documents or records compiled by the NLRB in the course of conducting disciplinary investigations and proceedings involving allegations of misconduct in violation of the NLRB's rules by attorneys and other individuals, other than current NLRB employees, who appear and practice before the NLRB.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 552a; 29 U.S.C. 156; and 29 CFR 102.44, 102.66(d), 102.119, and 102.120.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Purpose of records is to document NLRB investigations and proceedings involving allegations of misconduct in violation of the NLRB's rules by attorneys and other individuals, other than current NLRB employees, who appear and practice before the NLRB.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The records and information contained therein may be disclosed to:
</p><p>1. Any person who, during the course of a disciplinary investigation or proceeding, is a source or assists in such investigation or proceeding, to the extent necessary to obtain relevant information or assistance.
</p><p>2. A bar association or similar Federal, State, or local licensing authority, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of the standards of professional conduct established or adopted by the licensing authority.
 </p><p>3. Other agencies, offices, establishments, and authorities, whether Federal, state, or local, authorized or charged with the responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, or order, where the record or information, by itself or in connection with other records or information, indicates a violation or potential violation of law, whether criminal, civil, administrative, or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order pursuant thereto.
</p><p>4. A Federal, state, or local governmental authority maintaining civil, criminal, or other relevant enforcement information, if necessary to obtain information relevant to an NLRB decision concerning the hiring or retention of an employee, the issuance of a security clearance, or the letting of a contract.
</p><p>5. A Federal, State, or local government authority, in response to its request, that this system of records contains information relevant to the hiring or retention of an employee, the issuance or retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit. The other agency or licensing organization may then make a request supported by the written consent of the individual for the entire record if it so chooses. No disclosure will be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the NLRB or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action.
</p><p>6. A court, magistrate, administrative tribunal, or other adjudicatory body in the course of presenting evidence or argument, including disclosure to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal law proceedings, when: (a) The NLRB or any component thereof, or (b) any employee of the NLRB in his or her official capacity; or (c) any employee of the NLRB in his individual capacity where the NLRB has agreed to represent the employee; or (d) the United States Government, is a party to litigation or has interest in such litigation, and determines that such disclosure is relevant and necessary to the litigation and that the use of such records is therefore deemed by the NLRB to be for a purpose that is compatible with the purpose for which the records were collected.
</p><p>7. The Department of Justice for use in litigation when either (a) the NLRB or any component thereof, (b) any employee of the NLRB in his or her official capacity, (c) any employee of the NLRB in his or her official capacity, where the Department of Justice has agreed to represent the employee, or (d) the United States where the NLRB determines that litigation is likely to affect the NLRB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the NLRB to be relevant and necessary to the litigation, provided that in each case the Agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
</p><p>8. Any person with whom the NLRB contracts to reproduce, by typing, photocopy or other means, any record within the system for use by the NLRB.
</p><p>9. A Member of Congress or a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the records are maintained.
</p><p>Disclosures to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in file folders, on computer disks and diskettes, and on computer tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by case number and/or individual name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of records is limited to those persons whose official duties require such access. Records are kept in limited access areas during duty hours and in locked offices and file cabinets during off-duty hours. Computer records can be accessed only through use of confidential procedures and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are disposed of according to applicable provisions of the General Records Schedules issued by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Secretary, NLRB, 1099 14th Street, NW, Washington, DC 20570, for files maintained by the Executive Secretary's Office, Solicitor's Office, and Board Members' Offices.
</p><p>Associate General Counsel, Division of Operations Management, NLRB, 1099 14th Street, NW, Washington, DC 20570, for files maintained by the General Counsel's Office and the Division of Operations Management.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>The Agency Disciplinary Case Files system of records is exempt from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2); however, consideration will be given to individual requests for notification whether the system contains a record pertaining to the requesting individual, for access to records pertaining to such individual, or for amendment of a record pertaining to such individual. Requests should be made in writing addressed to the system manager(s) and should contain the individual's full name, occupation, address, and date of birth.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See "Notification Procedure" above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See "Notification Procedure" above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Categories of record sources include the subject individual, records from the underlying administrative proceeding where the alleged misconduct occurred, other participants in the underlying administrative proceeding, and various other sources.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the NLRB has exempted the system from the following provisions of the Privacy Act of 1974: 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f). This exemption is codified in 29 CFR part 102.
</p><p><b>Appendix
</b></p><p><i>Names and Addresses of NLRB Offices referenced in Notice of Records System shown above.
</i></p><p><i>NLRB HEADQUARTERS OFFICES
</i></p><p>1099 14th Street, NW, Washington, DC 20570-0001
</p><p><i>OFFICES OF THE BOARD
</i></p><p>Members of the Board
</p><p>Executive Secretary, Office of the Executive Secretary
</p><p>Director, Office of Representation Appeals
</p><p>Director, Division of Information
</p><p>Solicitor
</p><p>Inspector General, Office of Inspector General
</p><p>Chief Administrative Law Judge, 1099 14th Street, NW, Room 5400 East, Washington, DC 20570-0001
</p><p>Associate Chief Administrative Law Judge, San Francisco Judges, 901 Market Street, Suite 300, San Francisco, California 94103-1779
</p><p>Associate Chief Administrative Law Judge, New York Judges, 120 West 45th Street, 11th Floor, New York, New York 10036-5503
</p><p>Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree Summit Building, 401 W. Peachtree Street, NW, Suite 1708, Atlanta, Georgia 30308-3510
</p><p><i>OFFICES OF THE GENERAL COUNSEL
</i></p><p>General Counsel
</p><p>Associate General Counsel, Division of Operations Management
</p><p>Associate General Counsel, Division of Advice
</p><p>Associate General Counsel, Division of Enforcement Litigation
</p><p>Director, Division of Administration
</p><p>Director, Equal Employment Opportunity
</p><p><i>NLRB FIELD OFFICES
</i></p><p>Regional Director, Region 1, Thomas P. O'Neal, Jr., Federal Office Building, 10 Causeway Street, 6th Floor, Boston, Massachusetts 02222-1072
</p><p>Regional Director, Region 2, Jacob K. Javits Federal Building, 26 Federal Plaza, Room 3614, New York, New York 10278-0104
</p><p>Regional Director, Region 3, Thaddeus J. Dulski Federal Building, 111 West Huron Street, Room 901, Buffalo, New York 14202-2387
</p><p>Resident Officer, Albany Resident Office, Leo W. O'Brien Federal Building, Clinton Avenue at N. Pearl Street, Room 342, Albany, New York 12207-2350
</p><p>Regional Director, Region 4, One Independence Mall, 615 Chestnut Street, 7th Floor, Philadelphia, Pennsylvania 19106-4404
</p><p>Regional Director, Region 5, The Appraisers Store Building, 103 South Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
</p><p>Resident Officer, Franklin Court Building, 1099 14th Street, NW, Suite 5530, Washington, DC 20570-0001
</p><p>Regional Director, Region 6, William S. Moorehead Federal Building, 1000 Liberty Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
</p><p>Regional Director, Region 7, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Room 300, Detroit, Michigan 48226-2569
</p><p>Resident Officer, Grand Rapids Resident Office, The Furniture Company Building, 82 Ionia Northwest, Room 330, Grand Rapids, Michigan 49503-3022
</p><p>Regional Director, Region 8, Anthony J. Celebrezze Federal Building, 1240 East 9th Street, Room 1695, Cleveland, Ohio 44199-2086
</p><p>Regional Director, Region 9, John Weld Peck Federal Building, 550 Main Street, Room 3003, Cincinnati, Ohio 45202-3271
</p><p>Regional Director, Region 10, Harris Tower, 233 Peachtree Street, NE, Suite 1000, Atlanta, Georgia 30303-1504
</p><p>Resident Officer, The Burger-Phillips Centre, 1900 3rd Avenue North, Suite 311, Birmingham, Alabama 35203-3511
</p><p>Regional Director, Region 11, Republic Square, Suite 200, 4035 University Parkway, Winston-Salem, North Carolina 27106-3325
</p><p>Regional Director, Region 12, South Trust Plaza, Suite 530, 201 East Kennedy Boulevard, Tampa, Florida 33602-5824
</p><p>Resident Officer, Jacksonville Resident Office, Federal Building, 400 West Bay Street, Room 214, Box 35091, Jacksonville, Florida 32202-4412
</p><p>Resident Officer, Miami Resident Office, Federal Building, 51 Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
</p><p>Regional Director, Region 13, 200 West Adams Street, Suite 800, Chicago, Illinois 60606-5208
</p><p>Regional Director, Region 14, 1222 Spruce Street, Room 8.302, Saint Louis, Missouri 63103-2829
</p><p>Regional Director, Region 15, 1515 Poydras Street, Room 610, New Orleans, Louisiana 70112-3723
</p><p>Regional Director, Region 16, Federal Office Building, 819 Taylor Street, Room 8A24, Fort Worth, Texas 76102-6178
</p><p>Resident Officer, Houston Resident Office, Mickey Leland Federal Building, 1919 Smith Street--Suite 1545, Houston, Texas 77002-2649
</p><p>Resident Officer, San Antonio Resident Office, 615 E. Houston Street, Room 565, San Antonio, Texas 78205-2040
</p><p>Regional Director, Region 17, 8600 Farley Street, Suite 100, Overland Park, Kansas 66212-4677
</p><p>Resident Officer, Tulsa Resident Office, 224 South Boulder Avenue, Room 318, Tulsa, Oklahoma 74103-3027
</p><p>Regional Director, Region 18, Towle Building, Suite 790, 330 Second Avenue South, Minneapolis, Minnesota 55401-2221
</p><p>Resident Officer, Des Moines Resident Office, 210 Walnut Street, Room 439, Des Moines, Iowa 50309-2116
</p><p>Regional Director, Region 19, Henry M. Jackson Federal Building, 915 Second Avenue, Room 2948, Seattle, Washington 98174-1078
</p><p>Resident Officer, Anchorage Resident Office, 222 West 7th Avenue, Box 21, Anchorage, Alaska 99513-3546
</p><p>Officer in Charge, Subregion 36, 601 SW 2nd Avenue, Suite 1910, Portland, Oregon 97204-3170
</p><p>Regional Director, Region 20, 901 Market Street, Suite 400, San Francisco, California 94103-1735
</p><p>Officer in Charge, Subregion 37, Prince Kuhio Federal Building, 300 Ala Moana Boulevard, Room 7-245, Honolulu, Hawaii 96850-4980
</p><p>Regional Director, Region 21, 888 South Figueroa Street, 9th Floor, Los Angeles, California 90017-5449
</p><p>Resident Officer, San Diego Resident Office, Pacific Professional Center, 555 West Beech Street, Suite 302, San Diego, California 92101-2939
</p><p>Regional Director, Region 22, 20 Washington Place, 5th Floor, Newark, New Jersey 07102-2570
</p><p>Regional Director, Region 24, La Torre de Plaza, 525 F.D. Roosevelt Avenue, Suite 1002, San Juan, Puerto Rico 00918-1002
</p><p>Regional Director, Region 25, Minton-Capehart Federal Building, 575 North Pennsylvania Street, Room 238, Indianapolis, Indiana 46204-1577
</p><p>Regional Director, Region 26, Mid-Memphis Tower Building, 1407 Union Avenue, Suite 800, Memphis, Tennessee 38104-3627
</p><p>Resident Officer, Little Rock Resident Office, TCBY Tower, 425 West Capitol Avenue, Suite 375, Little Rock, Arkansas 72201-3489
</p><p>Resident Officer, Nashville Resident Office, 810 Broadway, 3rd Floor, Nashville, Tennessee 37203-3816
</p><p>Regional Director, Region 27, Dominion Plaza, North Tower, 600 17th Street, 7th Floor, Denver, Colorado 80202-5433
</p><p>Regional Director, Region 28, Security Building, 234 North Central Avenue, Suite 440, Phoenix, Arizona 85004-2212
</p><p>Resident Officer, Albuquerque Resident Office, Western Bank Plaza, 505 Marquette Avenue, NW, Room 1820, Albuquerque, New Mexico 87102-2181
</p><p>Resident Officer, Las Vegas Resident Office, Alan Bible Federal Building, 600 Las Vegas Boulevard South, Suite 400, Las Vegas, Nevada 89101-6637
</p><p>Resident Officer, El Paso Resident Office, PO Box 23159, El Paso, Texas 79923-3159
</p><p>Regional Director, Region 29, One Metro Tech Center, Jay Street and Myrtle Avenue, 10th Floor, Brooklyn, New York 11201-4201
</p><p>Regional Director, Region 30, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53203-2211
</p><p>Regional Director, Region 31, 11150 W. Olympic Boulevard, Suite 700, Los Angeles, California 90064-1824
</p><p>Regional Director, Region 32, Breuner Building, 2nd Floor, 1301 Clay Street, Room 300N, Oakland, California 94612-5211
</p><p>Regional Director, Region 33, Hamilton Square Building, 300 Hamilton Boulevard, Suite 200, Peoria, Illinois 61602-1246
</p><p>Regional Director, Region 34, One Commercial Plaza, 280 Trumbull Street, 21st Floor, Hartford, Connecticut 06103-3503
</p></xhtmlContent></subsection></section>


<section id="nlrb23" toc="yes">
<systemNumber>-23</systemNumber>
<subsection type="systemName">Solicitors System (SOL) and Associated Headquarters Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on paper and electronic media at Agency Headquarters, Office of the Solicitor, 1099 14th Street, NW., Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, Associated Headquarters Files (or copies of such files) also may be temporarily located at alternative worksites. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual Charged Parties and Respondents in unfair labor practice case matters regarding which the Office of the Solicitor advises the five-member National Labor Relations Board ("the Board"); individual Employers in representation case matters regarding which the Office of the Solicitor advises the Board; non-Agency attorneys who are the subjects of disciplinary proceedings under Section 102.177 of the Board's Rules and Regulations; individuals who have filed petitions for rulemaking with the Board; current and former Agency employees assigned to cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Summary information (such as names of parties, case status, and Agency personnel assignments) of matters regarding which the Office of the Solicitor advises the Board (including limited unfair labor practice and representation case matters, requests to initiate litigation or intervene in non-Board litigation, cases under Section 102.177 of the Board's Rules and Regulations, and petitions for rulemaking) is maintained in an electronic case tracking system, SOL. (2) Associated Headquarters Files are paper records established and maintained for processing the matters regarding which the Office of the Solicitor advises the Board. The paper records are administrative and court records (such as unfair labor practice charges, unfair labor practice complaints and answers, representation petitions, briefs, motions and orders), Section 102.177 charges and complaints, petitions for rulemaking, correspondence, and intra-agency memoranda (such as requests for authorization from the Board to initiate court litigation, legal research memoranda, and other related documents). These records include the names of parties and Agency employees assigned to the cases. SOL and Associated Headquarters Files may include parties' home addresses and home telephone numbers, if such information is provided to the Agency. Portions of these records include civil investigatory and law enforcement information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 159, 160, 161; 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>SOL is an electronic case tracking system used by the Office of the Solicitor to facilitate the accurate and timely collection, retrieval, and retention of information regarding the processing of unfair labor practice, representation, and other case matters regarding which the Office of the Solicitor advises the Board. The information and activities tracked by the system may be generated by the parties' filing of briefs, motions, and other documents, or by deliberative, analytical processes undertaken by Board employees assigned to cases. This database stores current and historical information, and is used to generate data for managing the Agency's case processing and resources, and preparing quarterly and annual reports of casehandling activities. Associated Headquarters Files are paper files maintained to aid in resolving matters advised on by the Solicitor's Office. The Associated Headquarters Files may also be used to assist in evaluating Agency employees.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are listed in the General Prefatory Statement to this document.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on paper and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by the names of individual Charged Parties and Respondents in unfair labor practice case matters regarding which the Office of the Solicitor advises the Board; names of individual Employers in representation case matters regarding which the Office of the Solicitor advises the Board; names of non-Agency attorneys who are the subjects of disciplinary proceedings under Board Rule and Regulation Section 102.177; names of individuals who have filed petitions for rulemaking with the Board; names of current and former Agency employees assigned to cases; as well as by non-personal identifiers, such as case numbers assigned by the Agency.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. Associated Headquarters Files are maintained in staffed or locked areas during working hours. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may possess Associated Headquarters Files (or copies of such files) at alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>SOL information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval. Associated Headquarters Files are disposed of in accordance with the Agency's Disposition Standards Records, as approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Solicitor, National Labor Relations Board, Room 11800, 1099 14th Street, NW, Washington, DC 20570-0001
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, record source categories include parties in unfair labor practice cases, representation cases, Section 102.177 cases, and petitions for rulemaking; party representatives; witnesses in Board proceedings; and individual Agency employees. Record source categories also include documents relating to the processing of cases regarding which the Solicitor is advising the Board, such as unfair labor practice charges and complaints, representation petitions, administrative law judge determinations, Board decisions, and decisions from United States courts of appeal.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions of this system, including records relating to requests pursuant to Section 10(j) of the NLRA (29 U.S.C. 160(j)), requests to pursue federal court contempt proceedings, and certain requests that the Board initiate litigation or intervene in non-Agency litigation, from the following provisions of the Privacy Act: U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).
</p></xhtmlContent></subsection></section>
<section id="nlrb24" toc="yes">
<systemNumber>-24</systemNumber>
<subsection type="systemName">Trial Information Gathered on Electronic Records (TIGER) and Associated Agency Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on electronic media at Agency Headquarters, Division of Judges, and on paper and electronic media at the Division of Judges' satellite offices in San Francisco, California, New York, New York, and Atlanta, Georgia. <i>See</i> attached Appendix for addresses. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, TIGER may also be accessed from alternative worksites via the Internet, including employees' homes. Associated Agency Files (or copies of such files) also may be temporarily located at alternative worksites. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual Respondents in pending unfair labor practice cases before the Division of Judges and individual Employers in pending representation cases before the Division of Judges; Agency Administrative Law Judges assigned to pending cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Summary information of pending unfair labor practice and representation cases before the Division of Judges (such as names of parties, case status, and Agency Administrative Law Judges assigned to cases) is maintained in an electronic case tracking system, TIGER. (2) Associated Agency Files are paper records established and maintained for processing unfair labor practice and representation cases before the Division of Judges. The paper records are administrative records (such as unfair labor practice charges, unfair labor practice complaints and answers, representation petitions, briefs, motions and orders), correspondence, legal memoranda, and other related documents. These records include the names of parties and Agency Administrative Law Judges assigned to the cases. Some of these paper records are electronically scanned and placed in an eRoom for the Division of Judges to use in resolving cases. Both TIGER and the Associated Agency Files may include parties' home addresses and home telephone numbers, if such information is provided to the Agency.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 554(d), 556, 557, 3105; 29 U.S.C. 153(d), 159, 160, 161; 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>TIGER is an electronic case tracking system used by the Agency's Division of Judges to facilitate the accurate and timely collection, retrieval, and retention of information regarding unfair labor practice and representation cases before the Division. The information and activities tracked by the system may be generated by the parties' filing of briefs, motions, and other documents, or by deliberative, analytical processes undertaken by the Agency's Administrative Law Judges or their staffs. This database stores current and historical information, and is used to generate data for managing the Agency's case processing and resources, creating the Agency's budget, preparing monthly and annual reports of casehandling activities, and providing requested statistical reports to the public. Associated Agency Files are paper files maintained to adjudicate or otherwise resolve matters handled by the Division of Judges.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are listed in the General Prefatory Statement to this document.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on paper and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by names of individual Respondents in pending unfair labor practice cases before the Division of Judges; names of individual Employers in pending representation cases before the Division of Judges; individual numeric codes for Agency Administrative Law Judges assigned to pending cases; as well as by non-personal identifiers, such as case numbers assigned by the Agency.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. Associated Agency Files are maintained in staffed or locked areas during working hours. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency employees who telecommute and may possess Associated Agency Files (or copies of such files) at alternative worksites or who may access TIGER from alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>TIGER information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval. Associated Agency Files are disposed of in accordance with the Agency's Disposition Standards Records, as approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief Administrative Law Judge, Division of Judges, National Labor Relations Board, Room 5400, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Record source categories include parties in unfair labor practice and representation cases; party representatives; and witnesses in Board proceedings. Record source categories also include official documents from the record of unfair labor practice and representation cases before the Division of Judges, such as unfair labor practice charges and complaints, representation petitions, exhibits to administrative proceedings, administrative law judge determinations, Board decisions, and decisions from United States courts of appeal.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

<section id="nlrb26" toc="yes">
<systemNumber>-26</systemNumber>
<subsection type="systemName">Litigation Information on the Network (LION).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on electronic media at Agency Headquarters, Appellate Court Branch, Division of Enforcement Litigation, 1099 14th Street, NW., Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, LION may also be accessed from alternative worksites via the Internet, including employees' homes. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual Respondents before the Board in cases handled by the Appellate Court Branch; individual Charging Parties who have filed petitions for review in the federal courts of appeals; individual parties who have intervened in federal courts of appeals proceedings handled by the Appellate Court Branch; current and former Agency legal technicians assigned to cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Summary information of cases handled by the Appellate Court Branch in the federal courts of appeals (such as names of parties, case status, Agency personnel assignments, brief due dates, oral argument dates, and court judgment dates) is maintained in an electronic case tracking system, LION. LION may include parties' home addresses and home telephone numbers, if such information is provided to the Agency. Any paper records associated with LION are placed within the Associated Headquarters Files for JCMS-PCL (NLRB-21).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 159, 160(e) and (f); 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>LION is an electronic case tracking system used by the Appellate Court Branch to facilitate the accurate and timely collection, retrieval, and retention of information regarding unfair labor practice cases referred to the Branch for enforcement or review in the federal courts of appeals, pursuant to section 10(e) and (f) of the National Labor Relations Act, 29 U.S.C. 160(e) and (f). The information and activities tracked by the system may be generated by the parties' filing of briefs, motions, and other documents, or by orders or other documents received from the courts of appeals. This database stores current and historical information, and is used to generate data for managing the Agency's case processing and resources, creating the Agency's budget, preparing monthly and annual reports of casehandling activities, and providing requested statistical reports to the public. Limited information from LION is exported into JCMS-PCL.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are listed in the General Prefatory Statement to this document.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by names of Individual Respondents before the Board in cases handled by the Appellate Court Branch; names of individual Charging Parties who have filed petitions for review in the federal courts of appeals; names of individual parties who have intervened in federal courts of appeals proceedings handled by the Appellate Court Branch; names of current and former Agency legal technicians; as well as by non-personal identifiers, such as case numbers assigned by the Agency.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may access LION from alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>LION information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Associate General Counsel, Appellate Court Branch, National Labor Relations Board, Room 8100, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Record source categories include parties in unfair labor practice cases, and official documents from the administrative and court records of unfair labor practice cases handled by the Appellate Court Branch, such as unfair labor practice charges and complaints, exhibits to administrative proceedings, administrative law judge determinations, Board decisions, and decisions from United States courts of appeal.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="nlrb27" toc="yes">
<systemNumber>-27</systemNumber>
<subsection type="systemName">Special Litigation Branch Case Tracking System (SPLIT) and Associated Headquarters Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on paper and electronic media at Agency Headquarters, Special Litigation Branch, Division of Enforcement Litigation, 1099 14th Street, NW., Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, Associated Headquarters Files (or copies of such files) also may be temporarily located at alternative worksites. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual parties or potential parties in matters referred to or handled by the Special Litigation Branch of the Division of Enforcement Litigation; current and former Agency employees assigned to cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Summary information of matters handled by the Special Litigation Branch (such as names of parties, case status, case type, due dates for court filings, and Agency personnel assignments) is maintained in an electronic case tracking system, SPLIT. (2) Associated Headquarters Files are paper records established and maintained for processing Special Litigation Branch matters. The paper records are administrative and court records (such as unfair labor practice and court complaints and answers, transcripts, exhibits, briefs, motions, Board decisions, court opinions and orders made in the adjudication of cases, and case-docketing information), correspondence, legal research memoranda, and other related documents. Both SPLIT and the Associated Headquarters Files may include parties' home addresses and home telephone numbers, if such information is provided to the Agency. Portions of these records include civil investigatory and law enforcement information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 153(d), 159, 160, 161; 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>SPLIT is an electronic case tracking system used by the Special Litigation Branch to facilitate the accurate and timely collection, retrieval, and retention of information regarding the Branch's cases, including those brought under the National Labor Relations Act, the Equal Access to Justice Act, the Freedom of Information Act, the Bankruptcy Code, the Privacy Act, and actions brought to mandate or prohibit specific conduct by the Board, the General Counsel and other Agency personnel. The information and activities tracked by the system may be generated by the parties' filing of briefs, motions, and other documents, by orders or other documents received from the Agency, bankruptcy courts, district courts, and courts of appeals, or by analytical processes undertaken by Board employees assigned to cases. This database stores current and historical information, and is used to generate data for managing the Agency's case processing and resources, creating the Agency's budget, preparing monthly and annual reports of casehandling activities, and providing requested statistical reports to the public. The Associated Headquarters Files are paper files maintained to litigate or otherwise resolve matters handled by the Branch. SPLIT and the Associated Headquarters Files may also be used to assist in evaluating Agency employee performance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are listed in the General Prefatory Statement to this document.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on paper and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by names of individual parties or potential parties in matters referred to or handled by the Special Litigation Branch; names of current and former Agency employees assigned to cases; as well as by non-personal identifiers, such as case names and numbers assigned by the Branch.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. Associated Headquarters Files are maintained in staffed or locked areas during working hours. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may possess Associated Headquarters Files (or copies of such files) at alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>SPLIT information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval. Associated Headquarters Files are disposed of in accordance with the Agency's Disposition Standards Records, as approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Special Litigation Branch, National Labor Relations Board, Room 8600, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR &#167; 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR &#167; 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, record source categories include parties in cases and potential cases before the Special Litigation Branch, and administrative and court records in matters handled by the Special Litigation Branch (such as unfair labor practice complaints, transcripts, exhibits, briefs, motions, Board decisions, court opinions and orders made in the adjudication of cases, and case-docketing information), correspondence, legal research memoranda, and other related documents.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions of this system, including records relating to investigative subpoena enforcement cases, injunction and mandamus actions regarding Agency cases under investigation, bankruptcy claims in cases under investigation, Freedom of Information Act cases involving investigatory records, and certain requests that the Board initiate litigation or intervene in non-Agency litigation, from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).
</p></xhtmlContent></subsection></section>

<section id="nlrb29" toc="yes">
<systemNumber>-29</systemNumber>
<subsection type="systemName">Work in Progress (WIP) and Associated Headquarters Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on paper and electronic media at Agency Headquarters, Division of Advice, Office of Legal Research and Policy Planning, 1099 14th Street, NW., Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, Associated Headquarters Files (or copies of such files) also may be temporarily located at alternative worksites. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual parties in cases decided by the Board and related court cases; current and former Agency employees assigned to cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Summary information of the Agency's internal legal research database of Board and related court decisions, including summaries and classifications of those decisions, names of parties in decisions, work completion status, and Agency personnel assignments, is maintained in an electronic case tracking system, WIP. (2) Associated Headquarters Files are paper records established and maintained to create summaries and classifications of Board and related court decisions. The paper records include the names of current and former Agency employees assigned to create the summaries and classifications, as well as Board and federal court decisions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 153(d), 160; 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>WIP is an electronic case tracking system used by the Legal Research and Policy Planning Branch to collect, classify and summarize decisions issued by the Board and courts, as well as to store, maintain and retrieve the classifications and summaries. The information and activities tracked by the system may be generated by the issuance of Board and court decisions, or by the commencement or completion of work by Agency employees. This database stores current and historical information, and is used to generate data for case assignment. The classifications and summaries are also published in the Classified Index of National Labor Relations Board Decisions and Related Court Decisions, as well as on a public electronic research database called CITENET. The Associated Headquarters Files are paper files maintained to aid in preparing the classifications and summaries. WIP and the Associated Headquarters Files may also be used to assist in evaluating Agency employee performance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are those listed in the General Prefatory Statement to this document, items numbered 7-10 and 12-15 only.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on paper and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by names of individual parties in cases decided by the Board and related court cases; current and former Agency employees assigned to cases; as well as by non-personal identifiers, such as Agency case numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. Associated Headquarters Files are maintained in staffed or locked areas during working hours. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may possess Associated Headquarters Files (or copies of such files) at alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>WIP information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval. Associated Headquarters Files are disposed of in accordance with the Agency's Disposition Standards Records, as approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Legal Research and Policy Planning Branch, Division of Advice, National Labor Relations Board, Room 10600, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Record source categories include Board and federal court decisions, and current and former Agency employees of the Legal Research and Policy Planning Branch.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="nlrb30" toc="yes">
<systemNumber>-30</systemNumber>
<subsection type="systemName">Appeals Case Tracking System (ACTS) and Associated Headquarters Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on paper and electronic media at Agency Headquarters, Office of Appeals, Division of Enforcement Litigation, 1099 14th Street, NW., Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, ACTS may also be accessed from alternative worksites via the Internet, including employees' homes. Associated Headquarters Files (or copies of such files) also may be temporarily located at alternative worksites. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual parties in unfair labor practice cases in which appeals of Regional Directors' dismissals of charges or limited other decisions have been filed with the Office of Appeals; current and former Agency employees assigned to cases.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Summary information of appeals in unfair labor practice cases in which appeals of Regional Directors' dismissals of charges or limited other decisions have been filed with the Office of Appeals (such as names of parties, case status, and Agency personnel assignments) is maintained in an electronic case tracking system, ACTS. (2) Associated Headquarters Files are paper records used for processing appeals of Regional Directors' dismissals of unfair labor practice charges and limited other decisions by Regional Directors. The paper records are administrative records (such as unfair labor practice charges, party position statements, Regional Directors' determinations), correspondence, legal research memoranda, and other related documents. These records include the names of parties and current and former Agency employees assigned to cases. Both ACTS and the Associated Headquarters Files may include parties' home addresses and home telephone numbers, if such information is provided to the Agency. These records include civil investigatory and law enforcement information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 153(d); 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>ACTS is an electronic case tracking system used by the Office of Appeals to facilitate the accurate and timely collection, retrieval, and retention of information regarding appeals of decisions of Regional Directors, including decisions dismissing unfair labor practice charges, deferring proceedings to parties' contractual grievance-arbitration processes, or closing unfair labor practice cases upon compliance action. The information and activities tracked by the system may be generated by the parties' filing of appeals and position statements, or by deliberative, analytical processes undertaken by Agency employees. This database stores current and historical information, and is used to generate data for managing the Agency's case processing and resources, creating the Agency's budget, preparing monthly and annual reports of casehandling activities, and providing requested statistical reports to the public. The Associated Headquarters Files are paper files maintained to resolve matters handled by the Office of Appeals. ACTS and the Associated Headquarters Files may also be used to assist in evaluating Agency employee performance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are listed in the General Prefatory Statement to this document.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on paper and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by names of individual parties in unfair labor practice cases in which appeals of Regional Directors' dismissals of charges or limited other decisions have been filed with the Office of Appeals; names of current and former Agency employees assigned to cases; as well as by non-personal identifiers, such as case numbers assigned by the Agency.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. Associated Headquarters Files are maintained in staffed or locked areas during working hours. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may possess Associated Headquarters Files (or copies of such files) at alternative worksites or who may access ACTS from alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>ACTS information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval. Associated Headquarters Files are disposed of in accordance with the Agency's Disposition Standards Records, as approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Appeals, National Labor Relations Board, Room 8820, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>This system is exempt from this provision of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>This system is exempt from this provision of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>This system is exempt from this provision of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system is exempt from this provision of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
</p></xhtmlContent></subsection></section>
<section id="nlrb31" toc="yes">
<systemNumber>-31</systemNumber>
<subsection type="systemName">Office of Appeals Extension of Time System (EOTS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on electronic media at Agency Headquarters, Office of Appeals, Division of Enforcement Litigation, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individual Charged Parties in unfair labor practice proceedings in which charging parties have electronically requested extensions of time from the Office of Appeals to file appeals of dismissals of charges or limited other decisions of Regional Directors.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Summary information of cases in which Charging Parties in unfair labor practice proceedings who have electronically requested extensions of time to file appeals of dismissals of charges or limited other decisions of Regional Directors (such as names of parties, case status, and Agency personnel assignments) is maintained in an electronic case tracking system, EOTS. The system includes information relevant to extension of time requests such as the current due date for the appeal, the requested due date, the reasons for the requested extension of time, and whether the request has been granted or denied. EOTS may include individual parties' home addresses and home telephone numbers, if such information is provided to the Agency. Any paper records associated with EOTS are placed within the Associated Headquarters Files for ACTS (NLRB-30).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>29 U.S.C. 153(d); 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>EOTS is an electronic case tracking system used by the Office of Appeals to enable parties in an unfair labor practice proceeding to request extensions of time to appeal decisions of Regional Directors dismissing unfair labor practice charges, deferring proceedings to parties' contractual grievance-arbitration processes, or closing unfair labor practice cases upon compliance action. The system is also used to notify Regional Offices that requests for extensions of time have been received. The information and activities tracked by the system may be generated by the parties' requests for extensions of time, or by the Office of Appeals' responses to those requests. This database stores current and historical information, and is used to generate data for managing the Agency's case processing and resources, creating the Agency's budget, preparing monthly and annual reports of casehandling activities, and providing requested statistical reports to the public.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are those listed in the General Prefatory Statement to this document, items numbered 4, 7-10, and 12-15 only.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by names of individual Charged Parties in unfair labor practice proceedings in which charging parties have electronically requested extensions of time to file appeals of dismissals of charges or limited other decisions of Regional Directors; and non-personal identifiers, such as case numbers assigned by the Agency.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may access EOTS from alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>EOTS information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Appeals, National Labor Relations Board, Room 8820,  1099 14th Street, NW.,  Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Record source categories include charging parties in unfair labor practice cases; party representatives; and also include official documents from the record of unfair labor practice cases, such as unfair labor practice charges and Regional Directors' dismissals.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="nlrb32" toc="yes">
<systemNumber>-32</systemNumber>
<subsection type="systemName">Freedom of Information Act Tracking System (FTS) and Associated Agency Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are stored on paper and electronic media at Agency Headquarters and the Regional Offices. <i>See</i> attached Appendix for addresses. Additionally, pursuant to the Agency's flexiplace and telecommuting programs, or due to official travel, FTS may also be accessed from alternative worksites via the Internet, including employees' homes. Associated Agency Files (or copies of such files) also may be temporarily located at alternative worksites. All appropriate safeguards will be taken at these sites.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals making FOIA requests for documents maintained by the Agency and those requesters appealing initial agency FOIA determinations ("FOIA appellants"); individual parties in Agency and related judicial proceedings named in FOIA requests; current and former Agency employees assigned to process FOIA requests and appeals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(1) Summary information of FOIA requests and appeals made to the Agency (such as requester contact information, assumption of fees information, request information, appeal information, and Agency personnel assigned to process FOIA requests) is maintained in an electronic case tracking system, FTS. (2) Associated Agency Files are paper records concerning the processing of initial FOIA requests to the Agency and appeals of those initial determinations. The paper records are administrative records (such as FOIA requests, initial Agency determinations, documents responsive to the FOIA requests, documents withheld from FOIA requesters, final Agency determinations on appeal, and bills to the requesters for chargeable fees), correspondence, legal research memoranda, and other related documents. Both FTS and the Associated Agency Files may include FOIA requesters' and FOIA appellants' home addresses and home telephone numbers, if such information is provided to the Agency. Portions of these records include civil investigatory and law enforcement information contained in the requested documents at issue.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 552; 44 U.S.C. 3101.
</p><p>Purpose:</p>
<p>FTS is an electronic case tracking system used by the Legal Research Section, the Regional Offices, the Office of Appeals, the Office of the Executive Secretary, and the Office of the Solicitor to facilitate the accurate and timely collection, retrieval, and retention of information to track FOIA requests from the public for documents maintained by the Agency, as well as appeals of Agency FOIA determinations. The information and activities tracked by the system may be generated by the parties' filing of FOIA requests, the issuance of initial FOIA determinations, the parties' filing of FOIA appeals, and the Agency's final determinations. FTS is used to track the processing of FOIA requests from initial receipt of requests through Agency determination on appeal, the nature of records sought, exemptions claimed by the Agency in initial determinations, processing time, and any fee charges. This database stores current and historical information, and is used to generate data for managing the Agency's resources, creating the Agency's budget, preparing monthly and annual reports of casehandling activities, and providing requested statistical reports to the public. The Associated Agency Files are paper files maintained to document FOIA requests and FOIA appeals handled by the Agency. FTS and the Associated Agency Files may also be used to assist in evaluating Agency employee performance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The standard routine uses applying to this system are listed in the General Prefatory Statement to this document.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data is maintained on paper and electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Data may be retrieved by individual names of those making FOIA requests and FOIA appeals to the Agency; names of parties in Agency or related judicial proceedings named in FOIA requests, names of current and former Agency employees assigned to cases; as well as by non-personal identifiers, such as case numbers assigned by the Agency.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to Agency working and storage areas is restricted to Agency employees who have a need to use the information in order to perform their duties, custodial personnel, Federal Protective Service personnel, and other contractor and security personnel. All other persons are required to be escorted in Agency areas. Associated Headquarters Files are maintained in staffed or locked areas during working hours. The facilities are protected from unauthorized access during non-working hours by the Federal Protective Service or other security personnel. Those Agency Headquarters employees who telecommute and may possess Associated Headquarters Files (or copies of such files) at alternative worksites or who may access FTS from alternative worksites are instructed as to keeping such information in a secure manner.
</p><p>Electronic system-based access controls are in place to prevent data misuse. Access to electronic information is controlled by administrators who determine users' authorized access based on each user's office and position within the office. Access criteria, procedures, controls, and responsibilities are documented and consistent with the policies stated in a memorandum titled "NLRB Access Control Standards, Password Management," and dated January 23, 2002. All network users are also warned at the time of each network login that the system is for use by authorized users only, and that unauthorized or improper use is a violation of law.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>FTS information will be retained and disposed of in accordance with appropriate Agency schedules that will be submitted to the National Archives and Records Administration (NARA) for its approval. Associated Agency Files are disposed of in accordance with the Agency's Disposition Standards Records, as approved by NARA.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel/Freedom of Information Officer, Legal Research and Policy Planning Branch, Division of Advice, National Labor Relations Board, Room 10600, 1099 14th Street, NW., Washington, DC 20570-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual may inquire as to whether this system contains a record pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR &#167; 102.117a(a) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual seeking to gain access to records in this system pertaining to such individual should contact the System Manager in accordance with the procedures set forth in 29 CFR &#167; 102.117a(b) and (c) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, an individual may request amendment of a record in this system pertaining to such individual by directing a request to the System Manager in accordance with the procedures set forth in 29 CFR &#167; 102.117a(d) (as newly designated in accompanying proposed amended regulations).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy Act, record source categories include Agency employees processing FOIA requests, FOIA requesters and appellants, and documents relating to the processing of a FOIA request.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions of this system, including investigatory material compiled for law enforcement purposes and requested under the FOIA, from the following provisions of the Privacy Act: 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).
</p><p><b>Names and Addresses of NLRB Offices Referenced in Notice of Records Systems Shown Above
</b></p><p>NLRB Headquarters Offices, 1099 14th Street, NW, Washington, DC 20570-0001
</p><p><i>Offices of the Board
</i></p><p><i>Members of the Board
</i></p><p>NLRB
</p><p>Executive Secretary
</p><p>Office of the Executive Secretary, Director
</p><p>Office of Representation Appeals, Director
</p><p>Division of Information
</p><p>Solicitor
</p><p>Inspector General
</p><p>Office of Inspector General
</p><p>Division of Judges, Chief Administrative Law Judge, 1099 14th Street, NW, Room 5400 East, Washington, DC 20570-0001
</p><p>Associate Chief Administrative Law Judge, San Francisco Judges, 901 Market Street, Suite 300, San Francisco, California 94103-1779
</p><p>Associate Chief Administrative Law Judge, New York Judges, 120 West 45th Street, 11th Floor, New York, New York 10036-5503
</p><p>Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree Summit Building, 401 W. Peachtree Street, NE, Suite 1708, Atlanta, Georgia 30308-3510
</p><p><i>Offices of the General Counsel
</i></p><p>General Counsel
</p><p>Associate General Counsel
</p><p>Division of Operations Management
</p><p>Associate General Counsel
</p><p>Division of Advice
</p><p>Associate General Counsel
</p><p>Division of Enforcement Litigation, Director
</p><p>Division of Administration, Director
</p><p>Equal Employment Opportunity
</p><p><i>NLRB Field Offices
</i></p><p>Regional Director, Region 1, 10 Causeway Street, Room 601, Boston, Massachusetts 02222-1072
</p><p>Regional Director, Region 2, 26 Federal Plaza, Room 3614, New York, New York 10278-0104
</p><p>Regional Director, Region 3, Niagara Center Building, 130 South Elmwood Avenue, 6th Floor, Buffalo, New York 14202-2465
</p><p>Resident Officer, Leo W. O'Brien Federal Building, Clinton Avenue and N. Pearl Street, Room 342, Albany, New York 12207-2350
</p><p>Regional Director, Region 4, 615 Chestnut Street, 7th Floor, Philadelphia, Pennsylvania 19106-4404
</p><p>Regional Director, Region 5, The Appraisers Store Building, 103 South Gay Street, 8th Floor,
Baltimore, Maryland 21202-4061?????
</p><p>Resident Officer, Washington Resident Office, 1099 14th Street, NW--Suite 5530, Washington, DC 20570-0001
</p><p>Regional Director, Region 6, Two Chatham Center, 112 Washington Place, Suite 510, Pittsburgh Pennsylvania 15219-3458
</p><p>Regional Director, Region 7, 477 Michigan Avenue--Room 300, Detroit, Michigan 48226-2569
</p><p>Resident Officer, Grand Rapids Resident Office, 82 Ionia NW--Room 330, Grand Rapids, Michigan 49503-3022
</p><p>Regional Director, Region 8, 1240 East 9th Street--Room 1695, Cleveland, Ohio 44199-2086
</p><p>Regional Director, Region 9, John Weld Peck Federal Building, 550 Main Street--Room 3003, Cincinnati, Ohio 45202-3271
</p><p>Regional Director, Region 10, 233 Peachtree Street NE, Harris Tower, Suite 1000, Atlanta, Georgia 30303-1531
</p><p>Resident Officer, Ridge Park Place, Suite 3400, 1130 South 22nd Street, Birmingham, Alabama 35205-2870
</p><p>Regional Director, Region 11, Republic Square, Suite 200, 4035 University Parkway, Winston Salem, North Carolina 27106-3323 or P.O. Box 11467, Winston-Salem, North Carolina 27116-1467
</p><p>Regional Director, Region 12, 201 East Kennedy Boulevard, Suite 530, Tampa, Florida 33602-5824
</p><p>Resident Officer, 550 Water Street, Suite 340, Jacksonville, Florida 32202-5177
</p><p>Resident Officer, Federal Building, Room 1320, 511 SW 1st Avenue, Miami, Florida 33130-1623
</p><p>Regional Director, Region 13, The Rookery Building, 209 South LaSalle Street, Suite 900, Chicago, Illinois 60604-1219
</p><p>Regional Director, Region 14, 1222 Spruce Street, Room 8.302, Saint Louis, Missouri 63103-2829
</p><p>Officer in Charge, Subregion 33, Hamilton Square Building, Suite 200, 300 Hamilton Boulevard, Peoria, Illinois 61602-1246
</p><p>Regional Director, Region 15, 1515 Poydras Street, Room 610, New Orleans, Louisiana 70112-3723
</p><p>Regional Director, Region 16, 819 Taylor Street, Room 8A24, Fort Worth, Texas 76102-6178
</p><p>Resident Officer, Mickey Leland Federal Building, 1919 Smith Street, Suite 1545, Houston, Texas 77002
</p><p>Resident Officer, San Antonio Resident Office, Travis Park Plaza building, 711 Navarro Street, Suite 705, San Antonio, Texas 78205-1711
</p><p>Regional Director, Region 17, 8600 Farley Street, Suite 100, Overland Park, Kansas 66212-4677
</p><p>Resident Officer, 224 South Boulder Avenue, Room 318, Tulsa, Oklahoma 74103-3027
</p><p>Regional Director, Region 18, 330 South Second Avenue, Suite 790, Minneapolis, Minnesota 55401-2221
</p><p>Resident Officer, 210 Walnut Street, Room 439, Des Moines, Iowa 50309-2103
</p><p>Regional Director, Region 19, 915 Second Avenue, Room 2948, Seattle, Washington 98174-1078
</p><p>Resident Officer, Elevation 92 Building, 1007 West 3rd Avenue, Suite 206, Anchorage, Alaska 99501-1936
</p><p>Officer in Charge--Subregion 36, 601 SW 2nd Avenue, Suite 1910, Portland, Oregon 97204-3170
</p><p>Regional Director, Region 20, 901 Market Street, Suite 400, San Francisco, California 94103-1735
</p><p>Officer in Charge--Subregion 37, 300 Ala Moana Boulevard, Room 7-245, Honolulu, Hawaii 96850-4980
</p><p>Regional Director, Region 21, 888 South Figueroa Street, 9th Floor, Los Angeles, California 90017-5449
</p><p>Resident Officer, 555 West Beech Street, Room 418, San Diego, California 92101-2939
</p><p>Regional Director, Region 22, 20 Washington Place, 5th Floor, Newark, New Jersey 07102-3110
</p><p>Regional Director, Region 24, Hato Rey, PR, La Torre de Plaza, Suite 1002, 525 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918-1002
</p><p>Regional Director, Region 25, 575 North Pennsylvania Street--Room 238, Indianapolis, Indiana 46204-1577
</p><p>Region Director, Region 26, The Brinkley Plaza Building, Suite 350, 80 Monroe Avenue, Memphis, Tennessee 38103-2416
</p><p>Resident Officer, Metropolitan National Bank Building, 425 West Capitol Avenue, Suite 1615, Little Rock, Arkansas 72201-3489
</p><p>Resident Officer, Nashville Resident Office, 810 Broadway, Suite 320, Nashville, Tennessee 37203-3859
</p><p>Regional Director, Region 27, 600 17th Street, 7th Floor, North Tower, Denver, Colorado 80202-5433
</p><p>Regional Director, Region 28, 2600 North Central Avenue, Suite 1800, Phoenix, Arizona 85004-3099
</p><p>Resident Officer, 505 Marquette Avenue, NW, Suite 1820, Albuquerque, New Mexico 87102-2181
</p><p>Resident Officer, 600 Las Vegas Boulevard South, Suite 400, Las Vegas, Nevada 89101-6637
</p><p>Regional Director, Region 29, Two Metro Tech Center, 100 Myrtle Avenue--5th Floor, Brooklyn, New York 11201-4201
</p><p>Regional Director, Region 30, 310 West Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53203-2211
</p><p>Regional Director, Region 31, 11150 West Olympic Boulevard, Suite 700, Los Angeles, California 90064-1824
</p><p>Regional Director, Region 32, Ronald V. Dellums Federal Building and Courthouse, 1301 Clay Street, Suite 300N, Oakland, California 94612-5211
</p><p>Regional Director, Region 34, 280 Trumbull Street, 21st Floor, Hartford, Connecticut 06103-3503
</p></xhtmlContent></subsection></section>

<regulations id="reg" toc="yes">
<regulationsTitle number="29">
<heading>Labor</heading>
<regulationsChapter number="I">
<heading> National Labor Relations Board </heading>
<regulationsPart number="102">
<heading> RULES AND REGULATIONS, SERIES 8</heading>
<xhtmlContent>
<p><b>Subpart K--Records and Information
</b></p>
<p>102.117 Freedom of Information Act Regulations: Board materials and formal documents available for public inspection and copying; requests for described records; time limit for response; appeal from denial of request; fees for document search and duplication; files and records not subject to inspection.
</p>
<p>102.118 Present and former Board employees prohibited from producing files, records, etc., pursuant to subpoena ad testificandum or subopena duces tecum; prohibited from testifying in regard thereto; production of witnesses' statements after direct testimony.
</p>
<p>102.119 Privacy Act Regulations: notification as to whether a system of records contains records pertaining to requesting individuals; requests for access to records, amendment of such records, or accounting of disclosures; time limits for response; appeal from denial of requests; fees for document duplication; files and records exempted from certain Privacy Act requirements.
</p><p><b>Subpart K--Records and Information
</b></p>
<p><b>&#167; 102.117
 Freedom of Information Act Regulations: Board materials and formal documents available for public inspection and copying; requests for described records; time limit for response; appeal from denial of request; fees for document search and duplication; files and records not subject to inspection.
</b></p>
<p>(a)(1) This subpart contains the rules that the National Labor Relations Board follows in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552. Information routinely provided to the public as part of a regular Agency activity (for example, press releases issued by the Division of Information) may be provided to the public without following this subpart. Such records may also be made available in the Agency's reading room in paper form, as well as electronically to facilitate public access. As a matter of policy, the Agency will consider making discretionary disclosures of records or information exempt under the FOIA whenever disclosure would not foreseeably harm an interest protected by a FOIA exemption, but this policy does not create any right enforceable in court.
</p>
<p>(2) The following materials are available to the public for inspection and copying during normal business hours:
</p>
<p>(i) All final opinions and orders made in the adjudication of cases;
</p>
<p>(ii) Statements of policy and interpretations that are not published in the <i>Federal Register</i>;
</p>
<p>(iii) Administrative staff manuals and instructions that affect any member of the public (excepting those establishing internal operating rules, guidelines, and procedures for investigation, trial, and settlement of cases);
</p>
<p>(iv) A current index of final opinions and orders in the adjudication of cases;
</p>
<p>(v) A record of the final votes of each Member of the Board in every Agency proceeding;
</p>
<p>(vi) Records which have been released and which the Agency determines, because of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records; and
</p>
<p>(vii) A general index of records referred to in paragraph (a)(2)(vi) of this section. Items in paragraphs (a)(2)(i) through (vii) of this section are available for inspection and copying during normal business hours at the Board's offices in Washington, DC. Items in paragraph (a)(2)(iii) of this section are also available for inspection and copying during normal business hours at each Regional, Subregional, and Resident Office of the Board. Final opinions and orders made by Regional Directors in the adjudication of representation cases pursuant to the delegation of authority from the Board under section 3(b) of the Act are available to the public for inspection and copying in the original office where issued. Records encompassed within paragraphs (a)(2)(i) through (a)(2)(vii) of this section created on or after November 1, 1996, will be made available by November 1, 1997, to the public by computer telecommunications or, if computer telecommunications means have not been established by the Agency, by other electronic means. The Agency shall maintain and make available for public inspection and copying a current subject matter index of all reading room materials which shall be updated regularly, at least quarterly, with respect to newly included records. Copies of the index are available upon request for a fee of the direct cost of duplication. The index of FOIA-processed records referred to in paragraph (a)(2)(vii) of this section will be available by computer telecommunications by December 31, 1999.
</p>
<p>(3) Copies of forms prescribed by the board for the filing of charges under section 10 alleging violations of the Act under section 8, or petitions under section 9, may be obtained without charge from any Regional, Subregional, or Resident Office of the Board. These forms are available electronically through the Agency's World Wide Web site (which can be found at <i>http://www.nlrb.gov</i>).
</p>
<p>(4) The Agency shall, on or before February 1, 1998, and annually thereafter, submit a FOIA report covering the preceding fiscal year to the Attorney General of the United States. The report shall include those matters required by 5 U.S.C. 552(e), and shall be made available electronically.
</p>
<p>(b)(1) The formal documents constituting the record in a case or proceeding are matters of official record and, until officially destroyed pursuant to applicable statutory authority, are available to the public for inspection and copying during normal business hours at the appropriate Regional Office of the Board or at the Board's office in Washington, DC, as the case may be. If the case or proceeding has been closed for more than 2 years, the appropriate Regional Office of the Board or the Board's office in Washington, DC, upon request, will contact the Federal Records Center to obtain the records.
</p>
<p>(2) The Executive Secretary shall certify copies of all formal documents upon request made a reasonable time in advance of need and payment of lawfully prescribed costs.
</p>
<p>(c)(1) Requests for the inspection and copying of records other than those specified in paragraphs (a) and (b) of this section must be in writing and must reasonably describe the record in a manner to permit its identification and location. The envelope and the letter, or the cover sheet of any fax transmittal, should be clearly marked to indicate that it contains a request for records under the Freedom of Information Act (FOIA). The request must contain a specific statement assuming financial liability in accordance with paragraph (d)(2) of this section for the direct costs of responding to the request. If the request is made for records in a Regional or Subregional Office of the Agency, it should be made to that Regional or Subregional Office; if for records in the Office of the General Counsel and located in Washington, DC, it should be made to the Freedom of Information Officer, Office of the General Counsel, Washington, DC; if for records in the offices the Board or the Inspector General in Washington, DC, to the Executive Secretary of the Board, Washington, DC. Requests made to other than the appropriate office will be forwarded to that office by the receiving office, but in that event the applicable time limit for response set forth in paragraph (c)(2)(i) of this section shall be calculated from the date of receipt by the appropriate office. Requesters may be given an opportunity to discuss their request so that requests may be modified to meet the requirements of this section. In the case of records generated by the Inspector General and in possession of another office, or in the possession of the Inspector General but generated by another office of the Agency, the request may be referred to the generating office for decision. If the Agency determines that a request does not reasonably describe records, it may contact the requester to inform the requester either what additional information is needed or why the request is insufficient. Similar referrals may, in the Agency's discretion, be made between other offices.
</p>
<p>(2)(i) The Agency ordinarily shall respond to requests according to their order of receipt. Effective October 2, 1997, an initial response shall be made within 20 working days (i.e. exempting Saturdays, Sundays, and legal public holidays) after the receipt of a request for a record under this part by the Freedom of Information Officer or his designee. An appeal under paragraph (c)(2)(v) of this section shall be decided within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such an appeal by the Office of Appeals or the Chairman of the Board. Because the Agency has been able to process its requests without a backlog of cases, the Agency will not institute a multitrack processing system.
</p>
<p>(ii) Requests and appeals will be taken out of order and given expedited treatment whenever it is determined that they involve: Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information; the loss of substantial due process rights; or a matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence. A request for expedited processing may be made at the time of the initial request for records or at any later time. A requester who seeks expedited processing must submit a statement, certified to be true and correct to the best of that person's knowledge and belief, explaining in detail the basis for requesting expedited processing. The formality of certification may be waived as a matter of administrative discretion. Within ten calendar days of its receipt of a request for expedited processing, the Agency shall decide whether to grant it and shall notify the requester of the decision. Once the determination has been made to grant expedited processing, the request shall be given priority and shall be processed as soon as practicable. If a request for expedited processing is denied, the Agency shall act expeditiously on any appeal of that decision.
</p>
<p>(iii) Within 20 working days after receipt of a request by the appropriate office of the Agency a determination shall be made whether to comply with such request, and the person making the request shall be notified in writing of that determination. In the case of requests made to the Executive Secretary for Inspector General Records, that determination shall be made by the Inspector General. In the case of all other requests, that determination shall be made by the General Counsel's office, the Regional or Subregional Office, or the Executive Secretary's office, as the case may be. If the determination is to comply with the request, the records shall be made promptly available to the person making the request and, at the same time, a statement of any charges due in accordance with the provisions of paragraph (d)(2) of this section will be provided. If the determination is to deny the request in any respect, the requester shall be notified in writing of that determination. Adverse determinations, or denials of requests, consist of: A determination to withhold any requested record in whole or in part; a determination that a requested record does not exist or cannot be located; a determination that what has been requested is not a record subject to the Act; a determination on any disputed fee matter, including a denial of a request for a fee waiver or reduction or placement in a particular fee category; and a denial of a request for expedited treatment. For a determination to deny a request in any respect, the notification shall set forth the reasons therefor and the name and title or position of each person responsible for the denial, shall provide an estimate of the volume of records or information withheld, in number of pages or in some other reasonable form of estimation (this estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption), and shall notify the person making the request of the right to appeal the adverse determination under provisions of paragraph (c)(2)(v) of this section.
</p>
<p>(iv) Business information obtained by the Agency from a submitter will be disclosed under the FOIA only consistent with the procedures established in this section.
</p>
<p>(A) For purposes of this section:
</p>
<p>(<i>1</i>) Business information means commercial or financial information obtained by the Agency from a submitter that may be protected from disclosure under Exemption 4 of the FOIA.
</p>
<p>(<i>2</i>) Submitter means any person or entity from whom the Agency obtains business information, directly or indirectly. The term includes corporations; state, local, and tribal governments; and foreign governments.
</p>
<p>(B) A submitter of business information will use good faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers to be protected from disclosure under Exemption 4. These designations will expire ten years after the date of the submission unless the submitter requests, and provides justification for, a longer designation period. The Agency shall provide a submitter with prompt written notice of a FOIA request or administrative appeal that seeks its business information wherever required under paragraph (c)(2)(iv)(C) of this section, except as provided in paragraph (c)(2)(iv)(F) of this section, in order to give the submitter an opportunity to object to disclosure of any specified portion of that information under paragraph (c)(2)(iv)(D) of this section. The notice shall either describe the business information requested or include copies of the requested records or record portions containing the information. When notification of a voluminous number of submitters is required, notification may be made by posting or publishing the notice in a place reasonably likely to accomplish notification.
</p>
<p>(C) Notice shall be given to a submitter wherever: the information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or the Agency has reason to believe that the information may be protected from disclosure under Exemption 4.
</p>
<p>(D) The Agency will allow a submitter a reasonable time to respond to the notice described in paragraph (c)(2)(iv)(B) of this section. If a submitter has any objection to disclosure, it is required to submit a detailed written statement. The statement must specify all grounds for withholding any portion of the information under any exemption of the FOIA and, in the case of Exemption 4, it must show why the information is a trade secret or commercial or financial information that is privileged or confidential. In the event that a submitter fails to respond to the notice within the time specified in it, the submitter will be considered to have no objection to disclosure of the information. Information provided by a submitter under this paragraph may itself be subject to disclosure under the FOIA.
</p>
<p>(E) The Agency shall consider a submitter's objections and specific grounds for nondisclosure in deciding whether to disclose business information. Whenever the Agency decides to disclose business information over the objection of a submitter, the Agency shall give the submitter written notice, which shall include: A statement of the reason(s) why each of the submitter's disclosure objections was not sustained; a description of the business information to be disclosed; and a specified disclosure date, which shall be a reasonable time subsequent to the notice.
</p>
<p>(F) The notice requirements of paragraphs (c)(2)(iv)(B) and (E) of this section shall not apply if: The Agency determines that the information should not be disclosed; the information lawfully has been published or has been officially made available to the public; disclosure of the information is required by statute (other than the FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600 (3 CFR, 1988 Comp., p. 235); or the designation made by the submitter under paragraph (c)(2)(iv)(B) of this section appears obviously frivolous-except that, in such a case, the Agency shall, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information.
</p>
<p>(G) Whenever a requester files a lawsuit seeking to compel the disclosure of business information, the Agency shall promptly notify the submitter.
</p>
<p>(H) Whenever the Agency provides a submitter with notice and an opportunity to object to disclosure under paragraph (c)(2)(iv)(B) of this section, the Agency shall also notify the requester(s). Whenever the Agency notifies a submitter of its intent to disclose requested information under paragraph (c)(2)(iv)(E) of this section, the Agency shall also notify the requester(s). Whenever a submitter files a lawsuit seeking to prevent the disclosure of business information, the Agency shall notify the requester(s).
</p>
<p>(v) An appeal from an adverse determination made pursuant to paragraph (c)(2)(iii) of this section must be filed within 28 calendar days of the service of the notification of the adverse determination, in whole or in part. If the adverse determination was made in a Regional Office, a Subregional Office, or by the Freedom of Information Officer, Office of the General Counsel, the appeal shall be filed with the General Counsel in Washington, DC. If the adverse determination was made by the Executive Secretary of the Board or the Inspector General, the appeal shall be filed with the Chairman of the Board in Washington, DC. Within 20 working days after receipt of an appeal the General Counsel or the Chairman of the Board, as the case may be, shall make a determination with respect to such appeal and shall notify the person making the request in writing. If the determination is to comply with the request, the record shall be made promptly available to the person making the request upon receipt of payment of any charges due in accordance with the provisions of paragraph (d)(2) of this section. If on appeal the denial of the request for records is upheld in whole or in part, the person making the request shall be notified of the reasons for the determination, the name and title or position of each person responsible for the denial, and the provisions for judicial review of that determination under the provisions of 5 U.S.C. 552(4)(B). Even though no appeal is filed from a denial in whole or in part of a request for records by the person making the request, the General Counsel or the Chairman of the Board may, without regard to the time limit for filing of an appeal, sua sponte initiate consideration of an adverse determination under this appeal procedure by written notification to the person making the request. In such event the time limit for making the determination shall commence with the issuance of such notification. An adverse determination by the General Counsel or the Chairman of the Board, as the case may be, will be the final action of the Agency. If the requester wishes to seek review by a court of any adverse determination, the requester must first appeal it under this section.
</p>
<p>(vi) In unusual circumstances as specified in this paragraph, the time limits prescribed in either paragraph (c)(2)(i) or (iv) of this section may be extended by written notice to the person requesting the record setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. No such notice or notices shall specify a date or dates that would result in an extension or extensions totaling more than 10 working days with respect to a particular request, except as set forth below in this paragraph. As used in this paragraph, unusual circumstances means, but only to the extent reasonably necessary to the proper processing of the particular request:
</p>
<p>(A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
</p>
<p>(B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request;
</p>
<p>(C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or with two or more components of the Agency having a substantial subject matter interest in the request. Where the extension is for more than ten working days, the Agency shall provide the requester with an opportunity either to modify the request so that it may be processed within the time limits or to arrange an alternative time period for processing the request or a modified request.
</p>
<p>(vii) The Agency shall preserve all correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule 14. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
</p>
<p>(d)(1) For purposes of this section, the following definitions apply:
</p>
<p>(i) Direct costs means those expenditures which are actually incurred in searching for and duplicating and, in the case of commercial use requests, reviewing documents to respond to a FOIA request.
</p>
<p>(ii) Search refers to the process of looking for and retrieving records or information responsive to a request. It includes page-by-page or line-by-line identification of material within documents and also includes reasonable efforts to locate and retrieve information from records maintained in electronic form or format. The Agency shall ensure that searches are done in the most efficient and least expensive manner reasonably possible.
</p>
<p>(iii) Duplication refers to the process of making a copy of a record, or the information contained in it, necessary to respond to a FOIA request. Such copies can take the form of paper, microfilm, videotape, audiotape, or electronic records (e.g., magnetic tape or disk), among others. The Agency shall honor a requester's specified preference of form or format of disclosure if the record is readily reproducible with reasonable efforts in the requested form or format by the office responding to the request.
</p>
<p>(iv) Review refers to the process of examining documents located in response to a request that is for commercial use to determine whether any portion of it is exempt from disclosure. It includes processing any documents for disclosure, e.g., doing all that is necessary to redact and prepare them for disclosure. Review time includes time spent considering any formal objection to disclosure made by a business submitter under paragraph (c)(2)(iv) of this section, but does not include time spent resolving general legal or policy issues regarding the application of exemptions.
</p>
<p>(v) Commercial use request refers to a request from or on behalf of a person who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made, which can include furthering those interests through litigation.
</p>
<p>(vi) Educational institution refers to a preschool, a public or private elementary or secondary school, an institution of undergraduate higher education, an institution of graduate higher education, an institution of professional education, or an institution of vocational education, that operates a program of scholarly research. To be in this category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use but are sought to further scholarly research.
</p>
<p>(vii) Representative of the news media refers to any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term news means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large and publishers of periodicals (but only in instances where they can qualify as disseminators of "news") who make their products available for purchase or subscription by the general public. For "freelance" journalists to be regarded as working for a news organization, they must demonstrate a solid basis for expecting publication through that organization. A publication contract would be the clearest proof, but the Agency shall also look to the past publication record of a requester in making this determination. To be in this category, a requester must not be seeking the requested records for commercial use. However, a request for records supporting the news dissemination function of the requester shall not be considered to be for a commercial use.
</p>
<p>(viii) Working days, as used in this paragraph, means calendar days excepting Saturdays, Sundays, and legal holidays.
</p>
<p>(2) Persons requesting records from this Agency shall be subject to a charge of fees for the full allowable direct costs of document search, review, and duplicating, as appropriate, in accordance with the following schedules, procedures, and conditions:
</p>
<p>(i) Schedule of charges:
</p>
<p>(A) For each one-quarter hour or portion thereof of clerical time * * * $3.10.
</p>
<p>(B) For each one-quarter hour or portion thereof of professional time * * * $9.25.
</p>
<p>(C) For each sheet of duplication (not to exceed 8 1/2 by 14 inches) of requested records * * * $0.12.
</p>
<p>(D) All other direct costs of preparing a response to a request shall be charged to the requester in the same amount as incurred by the Agency. Such costs shall include, but not be limited to: Certifying that records are true copies; sending records to requesters or receiving records from the Federal records storage centers by special methods such as express mail; and, where applicable, the cost of conducting computer searches for information and for providing information in electronic format.
</p>
<p>(ii) Fees incurred in responding to information requests are to be charged in accordance with the following categories of requesters:
</p>
<p>(A) Commercial use requesters will be assessed charges to recover the full direct costs for searching for, reviewing for release, and duplicating the records sought. Requesters must reasonably describe the records sought.
</p>
<p>(B) Educational institution requesters will be assessed charges for the cost of reproduction alone, excluding charges for the first 100 pages. To be eligible for inclusion in this category, requesters must show that the request is being made under the auspices of a qualifying institution and that the records are not sought for commercial use, but are sought in furtherance of scholarly research. Requesters must reasonably describe the records sought.
</p>
<p>(C) Requesters who are representatives of the news media will be assessed charges for the cost of reproduction alone, excluding charges for the first 100 pages. To be eligible for inclusion in this category, a requester must meet the criteria in paragraph (d)(1)(vii) of this section, and the request must not be made for commercial use. In reference to this class of requester, a request for records supporting the news dissemination function of the requester shall not be considered to be a request that is for commercial use. Requesters must reasonably describe the records sought.
</p>
<p>(D) All other requesters, not elsewhere described, will be assessed charges to recover the full reasonable direct cost of searching for and reproducing records that are responsive to the request, except that the first 100 pages of reproduction and the first 2 hours of search time shall be furnished without charge. Requesters must reasonably describe the records sought.
</p>
<p>(E) Absent a reasonably based factual showing that a requester should be placed in a particular user category, fees will be imposed as provided for in the commercial use requester category.
</p>
<p>(iii)(A) In no event shall fees be imposed on any requester when the total charges are less than $5, which is the Agency's cost of collecting and processing the fee itself.
</p>
<p>(B) If the Agency reasonably believes that a requester or a group of requesters acting together is attempting to divide a request into a series of requests for the purpose of avoiding fees, the Agency may aggregate those requests and charge accordingly. The Agency may presume that multiple requests of this type made within a 30-day period have been made in order to avoid fees. Where requests are separated by a longer period, the Agency will aggregate them only where there exists a solid basis for determining that aggregation is warranted under all the circumstances involved. Multiple requests involving unrelated matters will not be aggregated.
</p>
<p>(iv) Documents are to be furnished without charge or at reduced levels if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return shall not be presumed to primarily serve the public interest. A fee waiver or reduction is justified where the public interest standard is satisfied and that public interest is greater in magnitude than that of any identified commercial interest in disclosure. Where only some of the requested records satisfy the requirements for a waiver of fees, a waiver shall be granted for those records.
</p>
<p>(v) If a requester fails to pay chargeable fees that were incurred as a result of the Agency's processing of the information request, beginning on the 31st day following the date on which the notification of charges was sent, the Agency may assess interest charges against the requester in the manner prescribed in 31 U.S.C. 3717. Where appropriate, other steps permitted by federal debt collection statutes, including disclosure to consumer reporting agencies, use of collection agencies, and offset, will be used by the Agency to encourage payment of amounts overdue.
</p>
<p>(vi) Each request for records shall contain a specific statement assuming financial liability, in full or to a specified maximum amount, for charges, in accordance with paragraphs (d)(2)(i) and (ii) of this section, which may be incurred by the Agency in responding to the request. If the anticipated charges exceed the maximum limit stated by the person making the request or if the request contains no assumption of financial liability or charges, the person shall be notified and afforded an opportunity to assume financial liability. In either case, the request for records shall not be deemed received for purposes of the applicable time limit for response until a written assumption of financial liability is received. The Agency may require a requester to make an advance payment of anticipated fees under the following circumstances:
</p>
<p>(A) If the anticipated charges are likely to exceed $250, the Agency shall notify the requester of the likely cost and obtain satisfactory assurance of full payment when the requester has a history of prompt payment of FOIA fees, or require an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment.
</p>
<p>(B) If a requester has previously failed to pay fees that have been charged in processing a request within 30 days of the date of the notification of fees was sent, the requester will be required to pay the entire amount of fees that are owed, plus interest as provided for in paragraph (d)(2)(v) of this section, before the Agency will process a further information request. In addition, the Agency may require advance payment of fees that the Agency estimates will be incurred in processing the further request before the Agency commences processing that request. When the Agency acts under paragraph (d)(2)(vi)(A) or (B) of this section, the administrative time limits for responding to a request or an appeal from initial denials will begin to run only after the Agency has received the fee payments required above.
</p>
<p>(vii) Charges may be imposed even though the search discloses no records responsive to the request, or if records located are determined to be exempt from disclosure.
</p>
<p>(e) Subject to the provisions of &#167;&#167; 102.31(c) and 102.66(c), all fines, documents, reports, memoranda, and records of the Agency falling within the exemptions specified in 5 U.S.C. 552(b) shall not be made available for inspection or copying, unless specifically permitted by the Board, its Chairman, or its General Counsel.
</p>
<p>[40 FR 7290, Feb. 19, 1975, as amended at 53 FR 10872, Apr. 4, 1988; 58 FR 42235, Aug. 9, 1993; 60 FR 32587, June 23, 1995; 61 FR 13765, Mar. 28, 1996; 61 FR 65183, Dec. 11, 1996; 66 FR 50311, Oct. 3, 2001; 72 FR 38778, July 16, 2007; 72 FR 68503, Dec. 5, 2007]
</p>
<p><b>&#167; 102.118
 Present and former Board employees prohibited from producing files, records, etc., pursuant to subpoena ad testificandum or subpoena duces tecum; prohibited from testifying in regard thereto; production of witnesses' statements after direct testimony.
</b></p>
<p>(a)(1) Except as provided in &#167; 102.117 of these rules respecting requests cognizable under the Freedom of Information Act, no present or former Regional Director, field examiner, administrative law judge, attorney, specially designated agent, General Counsel, Member of the Board, or other officer or employee of the Agency shall produce or present any files, documents, reports, memoranda, or records of the Board or of the General Counsel, whether in response to a subpoena duces tecum or otherwise, without the written consent of the Board or the Chairman of the Board if the document is in Washington, DC, and in control of the Board; or of the General Counsel if the document is in a Regional Office of the Agency or is in Washington, DC, and in the control of the General Counsel. Nor shall any such person testify in behalf of any party to any cause pending in any court or before the Board, or any other board, commission, or other administrative agency of the United States, or of any State, territory, or the District of Columbia, or any subdivisions thereof, with respect to any information, facts, or other matter coming to that person's knowledge in his or her official capacity or with respect to the contents of any files, documents, reports, memoranda, or records of the Board or the General Counsel, whether in answer to a subpoena or otherwise, without the written consent of the Board or the Chairman of the Board if the person is in Washington, DC, and subject to the supervision or control of the Board or was subject to such supervision or control when formerly employed at the Agency; or of the General Counsel if the person is in a Regional Office of the Agency or is in Washington, DC, and subject to the supervision or control of the General Counsel or was subject to such supervision or control when formerly employed at the Agency. A request that such consent be granted shall be in writing and shall identify the documents to be produced, or the person whose testimony is desired, the nature of the pending proceeding, and the purpose to be served by the production of the document or the testimony of the official. Whenever any subpoena ad testificandum or subpoena duces tecum, the purpose of which is to adduce testimony or require the production of records as described hereinabove, shall have been served on any such person or otherwise expressly directed by the Board or the Chairman of the Board or the General Counsel, as the case may be, move pursuant to the applicable procedure, whether by petition to revoke, motion to quash, or other officer or employee of the Board, that person will, unless otherwise, to have such subpoena invalidated on the ground that the evidence sought is privileged against disclosure by this rule.
</p>
<p>(2) No regional director, field examiner, administrative law judge, attorney, specially designated agent, general counsel, member of the Board, or other officer or employee of the Board shall, by any means of communication to any person or to another agency, disclose personal information about an individual from a record in a system of records maintained by this agency, as more fully described in the notices of systems of records published by this agency in accordance with the provisions of section (e)(4) of the Privacy Act of 1974, 5 U.S.C. 552a(e)(4), or by the Notices of Government-wide Systems of Personnel Records published by the Civil Service Commission in accordance with those statutory provisions, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be in accordance with the provisions of section (b) (1) through (11), both inclusive, of the Privacy Act of 1974, 5 U.S.C. 552a(b) (1) through (11).
</p>
<p>(b)(1) Notwithstanding the prohibitions of paragraph (a) of this section, after a witness called by the general counsel or by the charging party has testified in a hearing upon a complaint under section 10(c) of the act, the administrative law judge shall, upon motion of the respondent, order the production of any statement (as hereinafter defined) of such witness in the possession of the general counsel which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the administrative law judge shall order it to be delivered directly to the respondent for his examination and use for the purpose of cross-examination.
</p>
<p>(2) If the general counsel claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the administrative law judge shall order the general counsel to deliver such statement for the inspection of the administrative law judge in camera. Upon such delivery the administrative law judge shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness except that he may, in his discretion, decline to excise portions which, although not relating to the subject matter of the testimony of the witness, do relate to other matters raised by the pleadings. With such material excised the administrative law judge shall then direct delivery of such statement to the respondent for his use on cross-examination. If, pursuant to such procedure, any portion of such statement is withheld from the respondent and the respondent objects to such withholdings, the entire text of such statement shall be preserved by the general counsel, and, in the event the respondent files exceptions with the Board based upon such withholding, shall be made available to the Board for the purpose of determining the correctness of the ruling of the administrative law judge. If the general counsel elects not to comply with an order of the administrative law judge directing delivery to the respondent of any such statement, or such portion thereof as the administrative law judge may direct, the administrative law judge shall strike from the record the testimony of the witness.
</p>
<p>(c) The provisions of paragraph (b) of this section shall also apply after any witness has testified in any postelection hearing pursuant to &#167; 102.69(d) and any party has moved for the production of any statement (as hereinafter defined) of such witness in possession of any agent of the Board which relates to the subject matter as to which the witness has testified. The authority exercised by the administrative law judge under paragraph (b) of this section shall be exercised by the hearing officer presiding.
</p>
<p>(d) The term <i>statement</i> as used in paragraphs (b) and (c) of this section means:
</p>
<p>(1) A written statement made by said witness and signed or otherwise adopted or approved by him; or
</p>
<p>(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness to an agent of the party obligated to produce the statement and recorded contemporaneously with the making of such oral statement.
</p>
<p>[33 FR 9819, July 9, 1968, as amended at 35 FR 10658, July 1, 1970; 40 FR 7291, Feb. 19, 1975; 40 FR 50662, Oct. 30, 1975; 52 FR 27990, July 27, 1987]
</p>
<p><b>&#167; 102.119
 Privacy Act Regulations: notification as to whether a system of records contains records pertaining to requesting individuals; requests for access to records, amendment of such records, or accounting of disclosures; time limits for response; appeal from denial of requests; fees for document duplication; files and records exempted from certain Privacy Act requirements.
</b></p>
<p>(a) An individual will be informed whether a system of records maintained by this Agency contains a record pertaining to such individual. An inquiry should be made in writing or in person during normal business hours to the official of this Agency designated for that purpose and at the address set forth in a notice of a system of records published by this Agency, in a Notice of Systems of Governmentwide Personnel Records published by the Office of Personnel Management, or in a Notice of Governmentwide Systems of Records published by the Department of Labor. Copies of such notices, and assistance in preparing an inquiry, may be obtained from any Regional Office of the Board or at the Board offices at 1099 14th Street, NW., Washington, DC 20570. The inquiry should contain sufficient information, as defined in the notice, to identify the record.
</p>
<p>Reasonable verification of the identity of the inquirer, as described in paragraph (e) of this section, will be required to assure that information is disclosed to the proper person. The Agency shall acknowledge the inquiry in writing within 10 days (excluding Saturdays, Sundays, and legal public holidays) and, wherever practicable, the acknowledgment shall supply the information requested. If, for good cause shown, the Agency cannot supply the information within 10 days, the inquirer shall within that time period be notified in writing of the reasons therefor and when it is anticipated the information will be supplied. An acknowledgment will not be provided when the information is supplied within the 10-day period. If the Agency refuses to inform an individual whether a system of records contains a record pertaining to an individual, the inquirer shall be notified in writing of that determination and the reasons therefor, and of the right to obtain review of that determination under the provisions of paragraph (f) of this section. The provisions of this paragraph do not apply to the extent that requested information from the relevant system of records has been exempted from this Privacy Act requirement.
</p>
<p>(b) An individual will be permitted access to records pertaining to such individual contained in any system of records described in the notice of system of records published by this Agency, or access to the accounting of disclosures from such records. The request for access must be made in writing or in person during normal business hours to the person designated for that purpose and at the address set forth in the published notice of system of records. Copies of such notices, and assistance in preparing a request for access, may be obtained from any Regional Office of the Board or at the Board offices at 1099 14th Street, NW., Washington, DC 20570. Reasonable verification of the identity of the requester, as described in paragraph (e) of this section, shall be required to assure that records are disclosed to the proper person. A request for access to records or the accounting of disclosures from such records shall be acknowledged in writing by the Agency within 10 days of receipt (excluding Saturdays, Sundays, and legal public holidays) and, wherever practicable, the acknowledgment shall inform the requester whether access will be granted and, if so, the time and location at which the records or accounting will be made available. If access to the record or accounting is to be granted, the record or accounting will normally be provided within 30 days (excluding Saturdays, Sundays, and legal public holidays) of the request, unless for good cause shown the Agency is unable to do so, in which case the individual will be informed in writing within that 30-day period of the reasons therefor and when it is anticipated that access will be granted. An acknowledgment of a request will not be provided if the record is made available within the 10-day period.
</p>
<p>If an individual's request for access to a record or an accounting of disclosure from such a record under the provisions of this paragraph is denied, the notice informing the individual of the denial shall set forth the reasons therefor and advise the individual of the right to obtain a review of that determination under the provisions of paragraph (f) of this section. The provisions of this paragraph do not apply to the extent that requested information from the relevant system of records has been exempted from this Privacy Act requirement.
</p>
<p>(c) An individual granted access to records pertaining to such individual contained in a system of records may review all such records. For that purpose the individual may be accompanied by a person of the individual's choosing, or the record may be released to the individual's representative who has written consent of the individual, as described in paragraph (e) of this section. A first copy of any such record or information will ordinarily be provided without charge to the individual or representative in a form comprehensible to the individual. Fees for any other copies of requested records shall be assessed at the rate of 10 cents for each sheet of duplication.
</p>
<p>(d) An individual may request amendment of a record pertaining to such individual in a system of records maintained by this Agency. A request for amendment of a record must be in writing and submitted during normal business hours to the person designated for that purpose and at the address set forth in the published notice for the system of records containing the record of which amendment is sought. Copies of such notices, and assistance in preparing a request for amendment, may be obtained from any Regional Office of the Board or at the Board offices at 1099 14th Street, NW., Washington, DC 20570. The requester must provide verification of identity as described in paragraph (e) of this section, and the request should set forth the specific amendment requested and the reason for the requested amendment. The Agency shall acknowledge in writing receipt of the request within 10 days of receipt (excluding Saturdays, Sundays, and legal public holidays) and, wherever practicable, the acknowledgment shall advise the individual of the determination of the request. If the review of the request for amendment cannot be completed and a determination made within 10 days, the review shall be completed as soon as possible, normally within 30 days (Saturdays, Sundays, and legal public holidays excluded) of receipt of the request unless unusual circumstances preclude completing the review within that time, in which event the requester will be notified in writing within that 30-day period of the reasons for the delay and when the determination of the request may be expected. If the determination is to amend the record, the requester shall be so notified in writing and the record shall be amended in accordance with that determination. If any disclosures accountable under the provisions of 5 U.S.C. 552a(c) have been made, all previous recipients of the record which was amended shall be advised of the amendment and its substance. If it is determined that the request should not be granted, the requester shall be notified in writing of that determination and of the reasons therefor, and advised of the right to obtain review of the adverse determination under the provisions of paragraph (f) of this section. The provisions of this paragraph do not apply to the extent that requested information from the relevant system of records has been exempted from this Privacy Act requirement.
</p>
<p>(e) Verification of the identification of individuals required under paragraphs (a), (b), (c), and (d) of this section to assure that records are disclosed to the proper person shall be required by the Agency to an extent consistent with the nature, location, and sensitivity of the records being disclosed. Disclosure of a record to an individual in person will normally be made upon the presentation of acceptable identification. Disclosure of records by mail may be made on the basis of the identifying information set forth in the request. Depending on the nature, location, and sensitivity of the requested record, a signed notarized statement verifying identity may be required by the Agency. Proof of authorization as representative to have access to a record of an individual shall be in writing, and a signed notarized statement of such authorization may be required by the Agency if the record requested is of a sensitive nature.
</p>
<p>(f)(1) Review may be obtained with respect to:
</p>
<p>(i) A refusal, under paragraph (a) or (g) of this section, to inform an individual if a system of records contains a record concerning that individual,
</p>
<p>(ii) A refusal, under paragraph (b) or (g) of this section, to grant access to a record or an accounting of disclosure from such a record, or
</p>
<p>(iii) A refusal, under paragraph (d) of this section, to amend a record.
</p>
<p>(iv) The request for review should be made to the Chairman of the Board if the system of records is maintained in the office of a Member of the Board, the office of the Executive Secretary, the office of the Solicitor, the Division of Information, or the Division of Administrative Law Judges. Consonant with the provisions of section 3(d) of the National Labor Relations Act, and the delegation of authority from the Board to the General Counsel, the request should be made to the General Counsel if the system of records is maintained by an office of the Agency other than those enumerated above. Either the Chairman of the Board or the General Counsel may designate in writing another officer of the Agency to review the refusal of the request. Such review shall be completed within 30 days (excluding Saturdays, Sundays, and legal public holidays) from the receipt of the request for review unless the Chairman of the Board or the General Counsel, as the case may be, for good cause shown, shall extend such 30-day period.
</p>
<p>(2) If, upon review of a refusal under paragraph (a) or (g) of this section, the reviewing officer determines that the individual should be informed of whether a system of records contains a record pertaining to that individual, such information shall be promptly provided. If the reviewing officer determines that the information was properly denied, the individual shall be so informed in writing with a brief statement of the reasons therefor.
</p>
<p>(3) If, upon review of a refusal under paragraph (b) or (g) of this section, the reviewing officer determines that access to a record or to an accounting of disclosures should be granted, the requester shall be so notified and the record or accounting shall be promptly made available to the requester. If the reviewing officer determines that the request for access was properly denied, the individual shall be so informed in writing with a brief statement of the reasons therefor, and of the right to judicial review of that determination under the provisions of 5 U.S.C. 552a(g)(1)(B).
</p>
<p>(4) If, upon review of a refusal under paragraph (i) of this section, the reviewing official grants a request to amend, the requester shall be so notified, the record shall be amended in accordance with the determination, and, if any disclosures accountable under the provisions of 5 U.S.C. 552a(c) have been made, all previous recipients of the record which was amended shall be advised of the amendment and its substance. If the reviewing officer determines that the denial of a request for amendment should be sustained, the Agency shall advise the requester of the determination and the reasons therefor, and that the individual may file with the Agency a concise statement of the reason for disagreeing with the determination, and may seek judicial review of the Agency's denial of the request to amend the record. In the event a statement of disagreement is filed, that statement--
</p>
<p>(i) Will be made available to anyone to whom the record is subsequently disclosed together with, at the discretion of the Agency, a brief statement summarizing the Agency's reasons for declining to amend the record, and
</p>
<p>(ii) Will be supplied, together with any Agency statements, to any prior recipients of the disputed record to the extent that an accounting of disclosure was made.
</p>
<p>(g) To the extent that portions of system of records described in notices of Governmentwide systems of records published by the Office of Personnel Management are identified by those notices as being subject to the management of an officer of this Agency, or an officer of this Agency is designated as the official to contact for information, access, or contents of those records, individual requests for access to those records, requests for their amendment, and review of denials of requests for amendment shall be in accordance with the provisions of 5 CFR part 297, subpart A, &#167; 297.101, <i>et seq.</i>, as promulgated by the Office of Personnel Management. To the extent that portions of system of records described in notices of Governmentwide system of records published by the Department of Labor are identified by those notices as being subject to the management of an officer of this Agency, or an officer of this Agency is designated as the official to contact for information, access, or contents of those records, individual requests for access to those records, requests for their amendment, and review of denials of requests for amendment shall be in accordance with the provisions of this rule. Review of a refusal to inform an individual whether such a system of records contains a record pertaining to that individual and review of a refusal to grant an individual's request for access to a record in such a system may be obtained in accordance with the provisions of paragraph (f) of this section.
</p>
<p>(h) Pursuant to 5 U.S.C. 552a(j)(2), the system of records maintained by the Office of the Inspector General of the National Labor Relations Board that contains Investigative Files shall be exempted from the provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i), from 29 CFR 102.117(c) and (d), and from 29 CFR 102.119(a), (b), (c), (d), (e), and (f), insofar as the system contains investigatory material compiled for criminal law enforcement purposes.
</p>
<p>(i) Pursuant to 5 U.S.C. 552a(k)(2), the system of records maintained by the Office of the Inspector General of the National Labor Relations Board that contains the Investigative Files shall be exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f), from 29 CFR 102.117 (c) and (d), and from 29 CFR 102.119(a), (b), (c), (d), (e), and (f), insofar as the system contains investigatory material compiled for law enforcement purposes not within the scope of the exemption at 29 CFR 102.119(h).
</p>
<p>(j) Privacy Act exemptions contained in paragraphs (h) and (i) of this section are justified for the following reasons:
</p>
<p>(1) 5 U.S.C. 552a(c)(3) requires an agency to make the accounting of each disclosure of records available to the individual named in the record at his/her request. These accountings must state the date, nature, and purpose of each disclosure of a record and the name and address of the recipient. Accounting for each disclosure would alert the subjects of an investigation to the existence of the investigation and the fact that they are subjects of the investigation. The release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation and could seriously impede or compromise the investigation, endanger the physical safety of confidential sources, witnesses, law enforcement personnel, and their families and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony.
</p>
<p>(2) 5 U.S.C. 552a(c)(4) requires an agency to inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of the Act. Since this system of records is being exempted from subsection (d) of the Act, concerning access to records, this section is inapplicable to the extent that this system of records will be exempted from subsection (d) of the Act.
</p>
<p>(3) 5 U.S.C. 552a(d) requires an agency to permit an individual to gain access to records pertaining to him/her, to request amendment to such records, to request a review of an agency decision not to amend such records, and to contest the information contained in such records. Granting access to records in this system of records could inform the subject of an investigation of an actual or potential criminal violation, of the existence of that investigation, of the nature and scope of the information and evidence obtained as to his/her activities, or of the identity of confidential sources, witnesses, and law enforcement personnel and could provide information to enable the subject to avoid detection or apprehension. Granting access to such information could seriously impede or compromise an investigation, endanger the physical safety of confidential sources, witnesses, law enforcement personnel, and their families, lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony, and disclose investigative techniques and procedures. In addition, granting access to such information could disclose classified, security-sensitive, or confidential business information and could constitute an unwarranted invasion of the personal privacy of others.
</p>
<p>(4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required by statute or by executive order of the President. The application of this provision could impair investigations and law enforcement because it is not always possible to detect the relevance or necessity of specific information in the early stages of an investigation. Relevance and necessity are often questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established. In addition, during the course of the investigation, the investigator may obtain information which is incidental to the main purpose of the investigative jurisdiction of another agency. Such information cannot readily be segregated. Furthermore, during the course of the investigation, the investigator may obtain information concerning the violation of laws other than those which are within the scope of his/her jurisdiction. In the interest of effective law enforcement, OIG investigators should retain this information, since it can aid in establishing patterns of criminal activity and can provide valuable leads for other law enforcement agencies.
</p>
<p>(5) 5 U.S.C. 552a(e)(2) requires an agency to collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs. The application of this provision could impair investigations and law enforcement by alerting the subject of an investigation, thereby enabling the subject to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. Moreover, in certain circumstances, the subject of an investigation cannot be required to provide information to investigators and information must be collected from other sources. Furthermore, it is often necessary to collect information from sources other than the subject of the investigation to verify the accuracy of the evidence collected.
</p>
<p>(6) 5 U.S.C. 552a(e)(3) requires an agency to inform each person whom it asks to supply information, on a form that can be retained by the person, of the authority under which the information is sought and whether disclosure is mandatory or voluntary; of the principal purposes for which the information is intended to be used; of the routine uses which may be made of the information; and of the effects on the person, if any, of not providing all or any part of the requested information. The application of this provision could provide the subject of an investigation with substantial information about the nature of that investigation that could interfere with the investigation. Moreover, providing such a notice to the subject of an investigation could seriously impede or compromise an undercover investigation by revealing its existence and could endanger the physical safety of confidential sources, witnesses, and investigators by revealing their identities.
</p>
<p>(7) 5 U.S.C. 552a(e)(4)(G) and (H) require an agency to publish a <i>Federal Register</i> notice concerning its procedures for notifying an individual, at his/her request, if the system of records contains a record pertaining to him/her, how to gain access to such a record and how to contest its content. Since this system of records is being exempted from subsection (f) of the Act, concerning agency rules, and subsection (d) of the Act, concerning access to records, these requirements are inapplicable to the extent that this system of records will be exempt from subsections (f) and (d) of the Act. Although the system would be exempt from these requirements, OIG has published information concerning its notification, access, and contest procedures because, under certain circumstances, OIG could decide it is appropriate for an individual to have access to all or a portion of his/her records in this system of records.
</p>
<p>(8) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a <i>Federal Register</i> notice concerning the categories of sources of records in the system of records. Exemption from this provision is necessary to protect the confidentiality of the sources of information, to protect the privacy and physical safety of confidential sources and witnesses, and to avoid the disclosure of investigative techniques and procedures. Although the system will be exempt from this requirement, OIG has published such a notice in broad generic terms.
</p>
<p>(9) 5 U.S.C. 552a(e)(5) requires an agency to maintain its records with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in making any determination about the individual. Since the Act defines "maintain" to include the collection of information, complying with this provision could prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment it is collected. In collecting information for criminal law enforcement purposes, it is not possible to determine in advance what information is accurate, relevant, timely, and complete. Facts are first gathered and then placed into a logical order to prove or disprove objectively the criminal behavior of an individual. Material which seems unrelated, irrelevant, or incomplete when collected can take on added meaning or significance as the investigation progresses. The restrictions of this provision could interfere with the preparation of a complete investigative report, thereby impeding effective law enforcement.
</p>
<p>(10) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record. Complying with this provision could prematurely reveal an ongoing criminal investigation to the subject of the investigation.
</p>
<p>(11) 5 U.S.C. 552a(f)(1) requires an agency to promulgate rules which shall establish procedures whereby an individual can be notified in response to his/her request if any system of records named by the individual contains a record pertaining to him/her. The application of this provision could impede or compromise an investigation or prosecution if the subject of an investigation were able to use such rules to learn of the existence of an investigation before it could be completed. In addition, mere notice of the fact of an investigation could inform the subject and others that their activities are under or may become the subject of an investigation and could enable the subjects to avoid detection or apprehension, to influence witnesses improperly, to destroy evidence, or to fabricate testimony. Since this system would be exempt from subsection (d) of the Act, concerning access to records, the requirements of subsection (f)(2) through (5) of the Act, concerning agency rules for obtaining access to such records, are inapplicable to the extent that this system of records will be exempted from subsection (d) of the Act. Although this system would be exempt from the requirements of subsection (f) of the Act, OIG has promulgated rules which establish agency procedures because, under certain circumstances, it could be appropriate for an individual to have access to all or a portion of his/her records in this system of records.
</p>
<p>(12) 5 U.S.C. 552a(g) provides for civil remedies if an agency fails to comply with the requirements concerning access to records under subsections (d)(1) and (3) of the Act; maintenance of records under subsection (e)(5) of the Act; and any other provision of the Act, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual. Since this system of records would be exempt from subsections (c)(3) and (4), (d), (e)(1), (2), and (3) and (4)(G) through (I), (e)(5), and (8), and (f) of the Act, the provisions of subsection (g) of the Act would be inapplicable to the extent that this system of records will be exempted from those subsections of the Act.
</p>
<p>(k) Pursuant to 5 U.S.C. 552a(k)(2), the system of records maintained by the NLRB containing Agency Disciplinary Case Files (Nonemployees) shall be exempted from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) insofar as the system contains investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2).
</p>
<p>(l) The Privacy Act exemption set forth in paragraph (k) of this section is claimed on the ground that the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the Privacy Act, if applied to Agency Disciplinary Case Files, would seriously impair the ability of the NLRB to conduct investigations of alleged or suspected violations of the NLRB's misconduct rules, as set forth in paragraphs (j)(1), (3), (4), (7), (8), and (11) of this section.
</p>
<p>(m) Pursuant to 5 U.S.C. 552a(k)(2), the following three proposed systems of records shall be exempted in their entirety from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f), because the systems contain investigatory material compiled for law enforcement purposes, other than material within the scope of 5 U.S.C. 552a(j)(2): Case Activity Tracking System (CATS) and Associated Regional Office Files (NLRB-25), Regional Advice and Injunction Litigation System (RAILS) and Associated Headquarters Files (NLRB-28), and Appeals Case Tracking System (ACTS) and Associated Headquarters Files (NLRB-30). Pursuant to 5 U.S.C. 552a(k)(2), limited categories of information from the following four proposed systems of records shall be exempted from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f), insofar as the systems contain investigatory material compiled for law enforcement purposes, other than material within the scope of 5 U.S.C. 552a(j)(2):
</p>
<p>(1) the Judicial Case Management Systems-Pending Case List (JCMS-PCL) and Associated Headquarters Files (NLRB-21)--information relating to requests to file injunctions under 29 U.S.C. 160(j), requests to initiate federal court contempt proceedings, certain requests that the Board initiate litigation or intervene in non-Agency litigation, and any other investigatory material compiled for law enforcement purposes;
</p>
<p>(2) the Solicitor's System (SOL) and Associated Headquarters Files (NLRB-23)--information relating to requests to file injunctions under 29 U.S.C. 160(j), requests to initiate federal court contempt proceedings, certain requests that the Board initiate litigation or intervene in non-Agency litigation, and any other investigatory material compiled for law enforcement purposes;
</p>
<p>(3) the Special Litigation Case Tracking System (SPLIT) and Associated Headquarters Files (NLRB-27)--information relating to investigative subpoena enforcement cases, injunction and mandamus actions regarding Agency cases under investigation, bankruptcy case information in matters under investigation, Freedom of Information Act cases involving investigatory records, certain requests that the Board initiate litigation or intervene in non-Agency litigation, and any other investigatory material compiled for law enforcement purposes; and
</p>
<p>(4) The Freedom of Information Act Tracking System (FTS) and Associated Agency Files (NLRB-32)--information requested under the Freedom of Information Act, 5 U.S.C. 552, that relates to the Agency's investigation of unfair labor practice and representation cases or other proceedings described in paragraphs (m)(1) through (3) of this section.
</p>
<p>(n) The reasons for exemption under 5 U.S.C. 552a(k)(2) are as follows:
</p>
<p>(1) 5 U.S.C. 552a(c)(3) requires an agency to make the accounting of each disclosure of records available to the individual named in the record at such individual's request. These accountings must state the date, nature, and purpose of each disclosure of a record, and the name and address of the recipient. Providing such an accounting of investigatory information to a party in an unfair labor practice or representation matter under investigation could inform that individual of the precise scope of an Agency investigation, or the existence or scope of another law enforcement investigation. Accordingly, this Privacy Act requirement could seriously impede or compromise either the Agency's investigation, or another law enforcement investigation, by causing the improper influencing of witnesses, retaliation against witnesses, destruction of evidence, or fabrication of testimony.
</p>
<p>(2) 5 U.S.C. 552a(d) requires an agency to permit an individual to gain access to records pertaining to such individual, to request amendment to such records, to request review of an agency decision not to amend such records, and, where the Agency refuses to amend records, to submit a statement of disagreement to be included with the records. Such disclosure of investigatory information could seriously impede or compromise the Agency's investigation by revealing the identity of confidential sources or confidential business information, or causing the improper influencing of witnesses, retaliation against witnesses, destruction of evidence, fabrication of testimony, or unwarranted invasion of the privacy of others. Amendment of the records could interfere with ongoing law enforcement proceedings and impose an undue administrative burden by requiring investigations to be continuously reinvestigated.
</p>
<p>(3) 5 U.S.C. 552a(e)(1) requires an agency to maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required by statute or by executive order of the President. This requirement could foreclose investigators from acquiring or receiving information the relevance and necessity of which is not readily apparent and could only be ascertained after a complete review and evaluation of all the evidence.
</p>
<p>(4) 5 U.S.C. 552a(e)(4)(G) and (H) require an agency to publish a <i>Federal Register</i> notice concerning its procedures for notifying an individual, at the individual's request, if the system of records contains a record pertaining to the individual, for gaining access to such a record, and for contesting its content. Because certain information from these systems of records is exempt from subsection (d) of the Act concerning access to records, and consequently, from subsection (f) of the Act concerning Agency rules governing access, these requirements are inapplicable to that information.
</p>
<p>(5) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a <i>Federal Register</i> notice concerning the categories of sources of records in the system of records. Exemption from this provision is necessary to protect the confidentiality of sources of information, to protect against the disclosure of investigative techniques and procedures, to avoid threats or reprisals against informers by subjects of investigations, and to protect against informers refusing to give full information to investigators for fear of having their identities as sources revealed.
</p>
<p>(6) 5 U.S.C. 552a(f) requires an agency to promulgate rules for notifying individuals of Privacy Act rights granted by subsection (d) of the Act concerning access and amendment of records. Because certain information from these systems is exempt from subsection (d) of the Act, the requirements of subsection (f) of the Act are inapplicable to that information.
</p>
    <p>(o)  Pursuant to 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the Privacy Act, the system of records maintained by the NLRB containing Personnel Security Records shall be exempted from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) insofar as the system may contain:</p>
    <p>(i) records properly classified pursuant to an Executive Order, within the meaning of section 552(b)(1);</p>
    <p> (ii) investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2);</p>
    <p>(iii)  information maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 of the U.S. Code;</p>
    <p>(iv) investigatory material compiled solely for the purpose of determining suitability, eligibility or qualifications for Federal civilian employment and Federal contact or access to classified information;</p>
    <p>(v) testing and examination materials used for a personnel investigation for employment or promotion in the Federal service;</p>
    <p>(vi) evaluation materials, compiled during the course of a personnel investigation, that are used solely to determine potential for promotion in the armed services.</p>
    <p>(p)  The Privacy Act exemptions contained in paragraph (o) of this section are justified for the following reasons:</p>
    <p>(i) 5 U.S.C. 552a(c)(3) requires an agency to make the accounting of each disclosure of records available to the individual named in the record at his/her request. These accountings must state the date, nature, and purpose of each disclosure of a record and the name and address of the recipient.  5 U.S.C. 552a(d) requires an agency to permit an individual to gain access to records pertaining to him/her, to request amendment to such records, to request a review of an agency decision not to amend such records, and to contest the information contained in such records.</p>
    <p> Personnel investigations may contain properly classified information which pertains to national defense and foreign policy obtained from another Federal agency.  Application of exemption (k)(1) is necessary to preclude an individual’s access to and amendment of such classified information under 5 U.S.C. 552a(d).</p>
    <p>Personnel investigations may contain investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2).  Application of exemption (k)(2) is necessary to preclude an individual’s access to or amendment of such records under 5 U.S.C. 552a(c)(3) and (d).</p>
    <p>Personnel investigations may also contain information obtained from another Federal agency that relates to providing protective services to the President of the United States or other individuals pursuant to 18 U.S.C. 3056.  Application of exemption (k)(3) is necessary to preclude an individual’s access to and amendment of such records under 5 U.S.C. 552a(d). </p>
    <p>Exemption (k)(5) is claimed with respect to the requirements of 5 U.S.C. 552a(c)(3) and (d) because this system contains investigatory material compiled solely for determining suitability, eligibility, and qualifications for Federal employment.  To the extent that the disclosure of material would reveal the identity of a 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, the applicability of exemption (k)(5) will be required to honor promises of confidentiality should an individual request access to or amendment of the record, or access to the accounting of disclosures of the record.  Similarly, personnel investigations may contain evaluation material used to determine potential for promotion in the armed services.  Application of exemption (k)(7) is necessary to the extent that the disclosure of data would compromise the anonymity of a source 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.  Both of these exemptions are necessary to safeguard the integrity of background investigations by minimizing the threat of harm to confidential sources, witnesses, and law enforcement personnel.  Additionally, these exemptions reduce the risks of improper influencing of sources, the destruction of evidence, and the fabrication of testimony.      </p>
    <p>All information in this system that meets the criteria articulated in exemption (k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of records by an individual.  This exemption is claimed because portions of this system relate to testing or examining materials used solely to determine individual qualifications for appointment or promotion to the Federal service.  Access to or amendment to this information by an individual would compromise the objectivity and fairness of the testing or examining process.   </p>
    <p>(ii) 5 U.S.C. 552a(e)(1) requires an agency to maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required by statute or by executive order of the President. This requirement could foreclose investigators from acquiring or receiving information the relevance and necessity of which is not readily apparent and could only be ascertained after a complete review and evaluation of all the evidence.  This system of records is exempt from this requirement because in the course of personnel background investigations, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to favorably or unfavorably adjudicate a specific investigation at a specific point in time.  However, in the interests of protecting the public trust and national security, it is appropriate to retain all information that may aid in establishing patterns in such areas as criminal conduct, alcohol and drug use, financial dishonesty, allegiance, foreign preference of influence, and psychological conditions, that are relevant to future personnel security or suitability determinations.</p>
    <p>(iii) 5 U.S.C. 552a(e)(4)(G) and (H) require an agency to publish a Federal Register notice concerning its procedures for notifying an individual, at his/her request, if the system of records contains a record pertaining to him/her, how to gain access to such a record and how to contest its content. Since this system of records is being exempted from subsection (f) of the Act, concerning agency rules, and subsection (d) of the Act, concerning access to records, these requirements are inapplicable to the extent that this system of records will be exempt from subsections (f) and (d) of the Act. Although the system would be exempt from these requirements, the NLRB has published information concerning its notification, access, and contest procedures because, under certain circumstances, it may be appropriate for a subject to have access to a portion of that individual’s records in this system of records.</p>
    <p>(iv) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a Federal Register notice concerning the categories of sources of records in the system of records. Exemption from this provision is necessary to protect the confidentiality of the sources of information, to protect the privacy and physical safety of confidential sources and witnesses, and to avoid the disclosure of investigative techniques and procedures. Although the system will be exempt from this requirement, the agency has published source information in the accompanying notice in broad generic terms.</p>
    <p>(v) 5 U.S.C. 552a(f) requires an agency to promulgate rules which shall establish procedures whereby an individual can be notified in response to a request if any system of records named by the individual contains a record pertaining to that individual.  The application of this provision could compromise the progress of an investigation concerning the suitability, eligibility, and fitness for service of applicants for Federal employment and impede a prompt assessment of the appropriate access to the Agency’s facilities.  Although this system would be exempt from the requirements of subsection (f) of the Act, the Agency has promulgated rules which establish agency procedures because, under certain circumstances, it could be appropriate for an individual to have access to all or a portion of that individual’s records in this system of records.</p>

    <p>[72 FR 38778, July 16, 2007 as amended at 81 FR 83136, Nov. 21, 2016] 
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
