[Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
[Notices]
[Pages 23362-23365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10748]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act of 1974; Publication of Revised System of Records 
Notice

AGENCY: National Labor Relations Board (NLRB).

ACTION: Revised publication of System of Records Notice NLRB-2, 
Applicant Files for Attorney and Field Examiner Positions.

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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-2, Applicant Files 
for Attorney and Field Examiner Positions, by deleting two routine 
uses, dividing one routine use into two distinct uses for purposes of 
clarity, amending the language of four routine uses, updating the 
addresses of system locations, and updating the citations referring to 
29 CFR 102.117; as well as making several insignificant administrative 
language revisions.
    All persons are advised that in the absence of submitted comments, 
views, or arguments considered by the NLRB as warranting modification 
of the notice as herewith to be published, it is the intention of the 
NLRB that the notice shall be effective upon expiration of the comment 
period without further action by this Agency.

DATES: The amended System of Records Notice will become effective 
without further notice 30 days from the date of this publication (June 
1, 1999) unless comments are received on or before that date which 
result in a contrary determination.

ADDRESSES: All persons who desire to submit written comments, views, or 
arguments for consideration by the NLRB in connection with the proposed 
revised System of Records Notice shall file them with the Executive 
Secretary, National Labor Relations Board, 1099 14th Street, NW, Room 
11600, Washington, DC 20570-0001.
    Copies of all such communications will be available for examination 
by interested persons during normal business hours in the Office of the 
Executive Secretary, National Labor Relations Board, 1099 14th Street, 
NW, Room 11600, Washington, DC 20570-0001.

FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary, 
National Labor Relations Board, 1099 14th Street, NW, Room 11600, 
Washington, DC 20570-0001.

SUPPLEMENTARY INFORMATION: The following changes have been made to the 
existing NLRB System of Records Notice NLRB-2, Applicant Files for 
Attorney and Field Examiner Positions.
    1. Routine uses 1 and 2 have been deleted because the specified 
``need to know'' in them is authorized by 5 U.S.C. 552a(b)(1) and (5). 
Routine use 3 has been renumbered 1.
    2. The language of routine use 4 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 4 has been renumbered 2.
    3. Routine use 5 has been divided into two distinct uses 3 and 4 
for purposes of clarity, one dealing solely with arbitrators and the 
other with officials of labor organizations. The language 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 ''[W]henever feasible and consistent with 
the 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).
    4. Routine use 7 has been amended by changing reference from 
``Agency'' to ``NLRB'' for more specificity. Routine use 7 has been 
renumbered 6.
    5. Routine use 8 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

[[Page 23363]]

including disclosure to opposing counsel or witnesses in the course of 
civil discovery. Routine use 8 has been renumbered 7.
    6. The address of system locations and manages in NLRB-2 has been 
changed from ``NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 
20570-0001'' to ``NLRB, 1099 14th Street, NW, Washington, DC 20570-
0001.''
    7. Reference to 29 CFR 102.117 citations have been changed to read 
as follows for the paragraphs in Notifications Procedures, 29 CFR 
102.117(f); Records Access Procedures, 29 CFR 102.117(g) and (h); and 
Contesting Records Procedures, 29 CFR 102.117(i).
    A report of the proposal to revise this system of records was filed 
pursuant to 5 U.S.C. 552(r) with Congress and the Office of Management 
and Budget.

    Dated: Washington, DC, April 21, 1999.

    By direction of the Board.
John J. Toner,
Executive Secretary.
NLRB-2

SYSTEM NAME:
    Applicant Files for Attorney and Field Examiner Positions.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATIONS:
    Office of Executive Assistant, Division of Operations Management; 
Office of the Executive Secretary, NLRB, 1099 14th Street, NW, 
Washington, DC 20570-0001.
    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.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    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.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include copies of employment applications; educational 
transcripts, resumes, employment interview reports, and other 
information related to employment.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 3301 et seq.; 29 U.S.C. 153(d), 154, 159, and 160.

PURPOSE(S):
    These records document the skills and background of applicants for 
attorney and field examiner positions within the NLRB.

ROUTINE USES OR RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The records or information contained therein may be disclosed to:
    1. Individuals who need the information in connection with the 
processing of an appeal, grievance, or complaint.
    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.
    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.
    4. An arbitrator is resolve disputes under a negotiated grievance 
arbitration procedure.
    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.
    6. The Department of Justice for use in litigation when either: (a) 
The NLRB of 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.
    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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Maintained on paper including forms, letters, and memoranda.

RETRIEVABILITY:
    Alphabetically by name.

SAFEGUARDS:
    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.

RENTENTION AND DISPOSAL:
    Employment applications not resulting in appointment are destroyed 
when 2 years old.

SYSTEM MANAGER(S) AND ADDRESS:
    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.
    2. To those applicants for positions under the supervision of a 
Board

[[Page 23364]]

Member, the Director of the Office of Representation Appeals, and the 
Solicitor--Executive Secretary, NLRB, 1099 14th Street, NW., 
Washington, DC 20570-0001.
    See the attached appendix for titles and addresses of officials at 
other locations responsible for this system at their location.

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).

RECORD 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 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).

RECORD SOURCE CATEGORIES:
    Applicants, educational institutions, interviewers, evaluators, 
personnel specialists, references, previous employers.

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, Room 5400 
East, 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, NW, 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 Building, 
26 Federal Plaza, Room 3614, New York, New York 10278-0104
    Regional Director, Region 3, Thaddeus J. 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 Building, 103 
South Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
    Resident Officer, Franklin Court Building, 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, Harris Tower, 233 Peachtree 
Street, NE, Suite 1000, Atlanta, Georgia 30303-1504
    Resident Officer, The Burger-Phillips Centre, 1900 3rd Avenue 
North, Suite 311, Birmingham, Alabama 35203-3511
    Regional Director, Region 11, Republic Square, Suite 200, 4035 
University Parkway, Winston-Salem, North Carolina 27106-3325
    Regional Director, Region 12, South Trust Plaza, Suite 530, 201 
East Kennedy Boulevard, Tampa, Florida 33602-5824
    Resident Officer, Jacksonville Resident Office, Federal 
Building, 400 West Bay Street, Room 214, Box 35091, Jacksonville, 
Florida 32202-4412
    Resident Officer, Miami Resident Office, Federal Building, 51 
Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
    Regional Director, Region 13, 200 West Adams Street, Suite 800, 
Chicago, Illinois 60606-5208
    Regional Director, Region 14, 1222 Spruce Street, Room 8.302, 
Saint Louis, Missouri 63103-2829
    Regional Director, Region 15, 1515 Poydras Street, Room 610, New 
Orleans, Louisiana 70112-3723
    Regional Director, Region 16, Federal Office Building, 819 
Taylor Street, Room 8A24, Forth Worth, Texas 76102-6178
    Resident Officer, Houston Resident Office, 440 Louisiana Street, 
Suite 550, Houston, Texas 77002-2649
    Resident Officer, San Antonio Resident Office, 615 E. Houston 
Street, Room 565, San Antonio, Texas 78205-2040
    Regional Director, Region 17, 8600 Farley Street, Suite 100, 
Overland Park, Kansas 66212-4677
    Resident Officer, Tulsa Resident Office, 224 South Boulder 
Avenue, Room 318, Tulsa, Oklahoma 74103-3027
    Regional Director, Region 18, 234 Federal Courts Building, 110 
South 4th Street, Room 234, Minneapolis, Minnesota 55401-2291
    Resident Officer, Des Moines Resident Office, 210 Walnut Street, 
Room 439, Des Moines, Iowa 50309-2116
    Regional Director, Region 19, Henry M. Jackson Federal Building, 
915 Second Avenue, Room 2948, Seattle, Washington 98174-1078
    Resident Officer, Anchorage Resident Office, 222 West 7th 
Avenue, Box 21, Anchorage, Alaska 99513-3546
    Officer in Charge, Subregion 36, 222 SW Columbia Street, Room 
401, 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, 
300 Ala Moana Boulevard, Room 7-245, 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, 555 West Beech Street, Suite 302, 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, 525 F.D. 
Roosevelt Avenue, Suite 1002, San Juan, Puerto Rico 00918-1002
    Regional Director, Region 25, Minton-Capehard Federal Building, 
575 North Pennsylvania Street, Room 238, Indianapolis, Indiana 
46204-1577
    Regional Director, Region 26, Mid-Memphis Tower Building, 1407 
Union Avenue, Suite 800, Memphis, Tennessee 38104-3627
    Resident Officer, Little Rock Resident Office, TCBY Tower, 425 
West Capitol Avenue, Suite 375, Little Rock, Arkansas 72201-3489

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    Resident Officer, Nashville Resident Officer, 810 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, 234 North 
Central Avenue, Suite 440, Phoenix, Arizona 85004-2212
    Resident Officer, Albuquerque Resident Office, Western Bank 
Plaza, 505 Marquette Avenue, NW, Room 1820, Albuquerque, New Mexico 
87102-2181
    Resident Officer, Las Vegas Resident Office, Alan Bible Federal 
Building, 600 Las Vegas Boulevard South, Suite 400, Las Vegas, 
Nevada 89101-6637
    Resident Officer, El Paso Resident Office, P.O. Box 23159, El 
Paso, Texas 79923-3159
    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, 310 
West Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 54203-2211
    Regional Director, Region 31, 11150 W. Olympic Boulevard, Suite 
700, Los Angeles, California 90064-1824
    Regional Director, Region 32, Breuner Building, 2nd Floor, 1301 
Clay Street, Room 300N, Oakland, California 94612-5211
    Regional Director, Region 33, Hamilton Square Building, 300 
Hamilton Boulevard, Suite 200, Peoria, Illinois 61602-1246
    Regional Director, Region 34, One Commercial Plaza, 280 Trumbull 
Street, 21st Floor, Hartford, Connecticut 06103-3599

[FR Doc. 99-10748 Filed 4-29-99; 8:45 am]
BILLING CODE 7545-01-M