[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66693-66696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33162]
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NATIONAL LABOR RELATIONS BOARD
Privacy Act of 1974; Publication of System of Records
AGENCY: National Labor Relations Board (NLRB).
ACTION: Revised publication of Notice of System of Records NLRB-1,
Accounting Records--Financial.
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SUMMARY: The Privacy Act of 1974, as amended, requires that each agency
publish a notice of a proposed new system of records, as well as
proposals to revise existing systems of records. This notice alters an
existing Privacy Act system of records notice NLRB-1, Accounting
Records--Financial, by deleting two routine uses; amending the language
of five routine uses, adding one new routine use, updating the
addresses of system locations; updating the citations referring to 29
CFR 102.117; as well as making several insignificant administrative
language revisions.
EFFECTIVE DATE: The amended system of records notice will become
effective without further notice January 20, 1998, unless comments are
received on or before that date which result in a contrary
determination.
ADDRESSES: Written responses should be sent to the Executive Secretary,
National Labor Relations Board, Room 11600, 1099 14th Street, NW,
Washington, DC 20570-0001. Copies of such communications will be
available for examination by interested persons during business hours
(8:30 a.m. to 5 p.m., Monday through Friday, excluding Federal
holidays), in the Office of the Executive Secretary, Room 11600, 1099
14th Street, NW, Washington, DC 20570-0001.
FOR FURTHER INFORMATION CONTACT:
John J. Toner, Executive Secretary, National Labor Relations Board,
Room 11600, 1099 14th Street, NW, Washington, DC 20570-0001.
SUPPLEMENTARY INFORMATION: The following changes have been made to the
existing NLRB Notice of System of Records NLRB-1, Accounting Records--
Financial
1. Routine uses Nos. 1 and 2 have been deleted because the
specified ``need to know'' in them is authorized by 5 U.S.C.
552a(b)(1)(5). Routine uses Nos. 3, 4 and 5 were renumbered Nos. 1, 2
and 3.
2. Routine use No. 6 has been amended to specify more exactly the
categories of users and the information that may be disclosed. Routine
use No. 6 has been renumbered No. 4.
3. Routine use No. 7 has been renumbered No. 5.
4. The language of routine use No. 8 has been amended to specify
that on disclosure to an inquiring congressional office, the subject
individual must be a constituent about whom the records are maintained,
Routine use No. 8 has been renumbered as No 6.
5. The language of routine use No. 9 has been amended to conform to
the intent of routine use (e) in the Government-wide system of records
OPM/GOVT-2, Employee Performance File System Records, to eliminate the
NLRB requirement that the information that may be disclosed to a labor
organization ``shall be furnished in depersonalized form, i.e., without
personal identifiers.'' Routine use (e) is a Government-wide system of
records OPM/GOVT-2 which provides that the information will be
``disclosed to an arbitrator to resolve disputes under a negotiated
grievance procedure or to officials of labor organizations under 5
U.S.C. chapter 71 when relevant and necessary to their duties of
exclusive representation.'' The NLRB is deleting the requirement that
``wherever feasible and consistent with responsibilities under the Act,
such information shall be furnished in depersonalized form, i.e.,
without personal identifiers,'' a requirement not contained in OPM/
GOVT-2 routine use (e). Routine use No. 9 has been renumbered as use
No. 7.
6. Routine use No. 10 has been amended by changing reference from
``Agency'' to ``NLRB'' for more specificity. Routine use No. 10 has
been renumbered as routine use No. 8.
7. Routine use No. 11 is amended to specify more exactly the
information that may be disclosed to a court or an adjudicative body in
the course of presenting evidence or argument including disclosure to
opposing counsel of witnesses in the course of civil discovery. Routine
use No. 11 has been renumbered as routine use No. 9.
8. Routine use No. 10 is new and has been added 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 (PL 97-365), and the Debt Collection Improvement
Act of 1996 (PL 104-134) by voluntary repayment, or by administrative
or salary offset procedures.
9. The address of system locations and managers in NLRB-1 has been
changed from ``NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC
20570-0001'' to ``NLRB, 1099 14th Street, NW, Washington, DC 20570-
0001.''
10. References to 29 CFR 102.117 citations in NLRB-1 have been
changed to read as follows for the paragraphs in Notification
Procedures, 29 CFR 102.117(f); Records Access Procedures, 29 CFR
102.117 (g) and (h); Contesting Records Procedures, 29 CFR 102.117(i).
[[Page 66694]]
11. The Appendix has been completely updated to show all current
NLRB office listings.
A report of this notice to amend NLRB-1, Accounting Records--
Financial, was filed pursuant to 5 U.S.C. 552a(r) and OMB Circular A-
130, Revised, with the Office of Management and Budget and with
Congress. The revised text of NLRB-1 being amended (53 FR 17263-4, May
16, 1988) is set forth below.
Dated: Washington, DC, November 18, 1997.
By direction of the Board.
John J. Toner,
Executive Secretary.
NLRB-1
SYSTEM NAME:
Accounting Records--Financial.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
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).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
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.
CATEGORIES OF RECORDS IN THE SYSTEM:
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C., 5701 et seq.; 29 U.S.C. 153, 155, 159, 106, and 161(4).
PURPOSE:
These records document financial transactions regarding
reimbursement of expenses in connection with official NLRB functions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records or information therefrom is disclosed to:
1. Individuals who need the information in connection with the
processing of an appeal, grievance, or complaint.
2. The U.S. General Accounting Office for audit purposes or
determination of validity claims.
3. The U.S. Department of Treasury for issuance of checks, or
direct deposit.
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.
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.
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.
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.
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.
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.
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
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.
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
[[Page 66695]]
administrative or salary offset procedures against that person.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
For the purpose of collecting delinquent debt, these records may be
reported to a credit bureau to add to credit history.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained on original source documents except travel summary
cards, some of which are also maintained on microfilm, and electronic
storage for computer matching programs.
RETRIEVABILITY:
Chronologically by year, and within each year alphabetically by
name.
SAFEGUARDS:
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.
RETENTION AND DISPOSAL:
Maintained and disposed of in accordance with the provisions of
applicable General Records Schedules issued by the National Archives
and Records Administration.
SYSTEM MANAGER(S) AND ADDRESSES:
Finance Officer, 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.
NOTIFICATION PROCEDURE:
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).
RECORDS ACCESS PROCEDURE:
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).
CONTESTING RECORD PROCEDURES:
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).
RECORD SOURCE CATEGORIES:
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.
APPENDIX
Names and Addresses of NLRB Offices referenced in Notice of
Records System shown above.
NLRB Headquarters Offices
1099 14th Street, NW, Washington, DC 20570-0001
Offices of the Board
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
Chief Administrative Law Judge, 1099 14th Street, NW, Washington, DC
20570-0001
Associate Chief Administrative Law Judge, San Francisco Judges, 901
Market Street, Suite 300, San Francisco, California 94103-1779
Associate Chief Administrative Law Judge, New York Judges, 120 West
45th Street, 11th Floor, New York, New York 10036-5503
Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree
Summit Building, 401 W. Peachtree Street, NE, Suite 1708, Atlanta,
Georgia 30308-3510
Offices of the General Counsel
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
NLRB Field Offices
Regional Director, Region 1
Thomas P. O'Neal, Jr. Federal Office Building, 10 Causeway
Street--6th Floor, Boston, Massachusetts 02222-1072
Regional Director, Region 2
Jacob K. Javits Federal Office Building, 26 Federal Plaza, Room
3614, New York, New York 10278-0104
Regional Director, Region 3
Dulski Federal Building, 111 West Huron Street, Room 901,
Buffalo, New York 14202-2387
Resident Officer
Albany Resident Office, Leo W. O'Brien Federal Building, Clinton
Avenue at N. Pearl Street--Room 342, Albany, New York 12207-2350
Regional Director, Region 4
One Independence Mall, 615 Chestnut Street--7th Floor,
Philadelphia, Pennsylvania 19106-4404
Regional Director, Region 5
The Appraisers Store, 103 South Gay Street, 8th Floor,
Baltimore, Maryland 21202-4026
Resident Officer
Washington Resident Office, 1099 14th Street, NW, Suite 5530,
Washington, DC 20570-0001
Regional Director, Region 6
William S. Moorehead Federal Building, 1000 Liberty Avenue, Room
1501, Pittsburgh, Pennsylvania 15222-4173
Regional Director, Region 7
Patrick V. McNamara Federal Building, 477 Michigan Avenue--Room
300, Detroit, Michigan 48226-2569
Resident Officer
Grand Rapids Resident Office, The Furniture Company Building, 82
Ionia Northwest--Room 330, Grand Rapids, Michigan 49503-3022
Regional Director, Region 8
Anthony J. Celebrezze Federal Building, 1240 East 9th Street,
Room 1695 Cleveland, Ohio 44199-2086
Regional Director, Region 9
John Weld Peck Federal Building, 550 Main Street, Room 3003,
Cincinnati, Ohio 45202-3271
Regional Director, Region 10
Marietta Tower, Suite 2400, 101 Marietta Street NW., Atlanta,
Georgia 30323-3301
Resident Officer
The Burger--Phillips Centre, 1900 Third Avenue North, Suite 311,
Birmingham, Alabama 35203-3502
Regional Director, Region 11
Republic Square, Suite 200, 4035 University Parkway, Winston
Salem, North Carolina 27106-3325
Regional Director, Region 12
First of America Plaza--Suite 530, 201 East Kennedy Boulevard,
Tampa, Florida 33602-5824
Resident Officer
Miami Resident Office, Claude Pepper Federal Office Building-
13th Floor, 51 Southwest 1st Avenue, Room 1320, Miami, Florida
33130-1608
Resident Officer
Jacksonville Resident Office, Federal Building, Room 214, 400
West Bay Street, Box 35091, Jacksonville, Florida 32202-4412
Regional Director, Region 13
Bank of America Building--Suite 800, 200 West Adams Street,
Chicago, Illinois 60606-5208
Regional Director, Region 14
1222 Spruce Street, Room 8302, Saint Louis, Missouri 63103-2829
Regional Director, Region 15
1515 Poydras Street--Room 610, New Orleans, Louisiana 70112-3723
Regional Director, Region 16
Fritz G. Lanham Federal Office Building, 819 Taylor Street, Room
8A24, Fort Worth, Texas 76102-6178
Resident Officer
[[Page 66696]]
Houston Resident Office, Suite 550, Lyric Center, 440 Louisiana
Street, Houston, Texas 77002-2649
Resident Officer
San Antonio Resident Office, U.S. Post Office/Courthouse
Building--Room 565, 615 E. Houston Street, San Antonio, Texas 78205-
2040
Resident Officer
El Paso Resident Office, P.O. Box 23159, El Paso, Texas 79923-
3159
Regional Director, Region 17
8600 Farley Street, Suite 100, Overland Park, Kansas 66212-4677
Resident Officer
Tulsa Resident Office, Grantson Building--Suite 990, 111 West
Fifth Street, Tulsa, Oklahoma 74103-4214
Regional Director, Region 18
Federal Building, 110 South 4th Street--Room 316, Minneapolis,
Minnesota 55401-2291
Resident Officer
Des Moines Resident Office, Federal Building--Room 909, 210
Walnut Street, Des Moines, Iowa 50309-2116
Regional Director, Region 19
Henry Jackson Federal Building--Room 2948, 915 Second Avenue,
Seattle, Washington 98174-1078
Resident Officer
Anchorage Resident Office, Federal Office Building, 222 West 7th
Avenue, Room 510, Box 21, Anchorage, Alaska 99513-3546
Officer in Charge
Subregion 36, Koin Center--Room 401, 222 Southwest Columbia
Street, Portland, Oregon 97201-6604
Regional Director, Region 20
901 Market Street--Suite 400, San Francisco, California 94103-
1735
Officer in Charge
Subregion 37, Prince Kuhio Federal Building--Room 7318, 300 Ala
Moana Boulevard, Honolulu, Hawaii 96850-4980
Regional Director, Region 21
888 South Figueroa Street--9th Floor, Los Angeles, California
90017-5449
Resident Officer
San Diego Resident Office, Pacific Professional Center--Suite
302, 555 West Beech Street, San Diego, California 92101-2939
Regional Director, Region 22
20 Washington Place--5th Floor, Newark, New Jersey 07102-2570
Regional Director, Region 24
La Torre de Plaza--Suite 1002, 525 F.D. Roosevelt Avenue, San
Juan, Puerto Rico 00918-1002
Regional Director, Region 25
Minton Capehart Federal Building--Room 238, 575 North
Pennsylvania Street, Indianapolis, Indiana 46204-1577
Region Director, Region 26
Mid-Memphis Tower--Suite 800, 1407 Union Avenue, Memphis,
Tennessee 38104-3627
Resident Officer
Little Rock Resident Office, TCBY Building--Suite 375, 425 West
Capitol Avenue, Little Rock, Arkansas 72201-3489
Resident Officer
Nashville Resident Office, 8101 Broadway, 3rd Floor, Nashville,
Tennessee 37203-3816
Regional Director, Region 27
Dominion Plaza, North Tower, 600 17th Street, 7th Floor, Denver,
Colorado 80202-5433
Regional Director, Region 28
Security Building, Suite 440, 234 North Central Avenue, Phoenix,
Arizona 85004-2212
Resident Officer
Albuquerque Resident Office, Western Bank Plaza--Room 1820, 505
Marquette Avenue, NW., Albuquerque, New Mexico 87102-2181
Resident Officer
Las Vegas Resident Office, Alan Bible Federal Building--Suite
400, 600 Las Vegas Boulevard, South, Las Vegas, Nevada 89101-6637
Regional Director, Region 29
One Metro Tech Center, Jay Street and Myrtle Avenue--10th Floor,
Brooklyn, New York 11201-4201
Regional Director, Region 30
Henry S. Reuss Federal Plaza--Suite 700, 310 West Wisconsin
Avenue, Milwaukee, Wisconsin 53203-2211
Regional Director, Region 31
Federal Building/USPO--Room 12100, 11000 Wilshire Boulevard, Los
Angeles, California 90024-3682
Regional Director, Region 32
Breuner Building, 2nd Floor, 1301 Clay Street, Room 300N,
Oakland, California 94612-5211
Regional Director, Region 33
Hamilton Square Building--Suite 200, 300 Hamilton Boulevard,
Peoria, Illinois 61602-1104
Regional Director, Region 34
1 Commercial Plaza--21st Floor, Church and Trumbull Street,
Hartford, Connecticut 06103-3599
[FR Doc. 97-33162 Filed 12-18-97; 8:45 am]
BILLING CODE 7545-01-M