[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69802-69804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32253]


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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-4, Claim 
Records.

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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-4, Claim Records, by 
deleting two routine uses, dividing one routine use into two distinct 
uses for purposes of clarity, amending the language of four routine 
uses, changing the system manager, and the address of the system 
location, 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 
(January 13, 2000) 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-4, Claim Records.
    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).
    2. Routine use 3 has been amended by changing reference from 
``Agency'' to ``NLRB'' for more specificity, and has been renumbered 1.
    3. Routine use 4 has been 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 or witnesses in the course of civil discovery, and has 
been renumbered 2.
    4. Routine use 5 has been renumbered 3.
    5. Routine use 6 has been amended to specify more exactly the 
categories of users and the information that may be disclosed, and has 
been renumbered 4.
    6. The language of routine use 7 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, 
and has been renumbered 5.
    7. Routine use 8 has been renumbered 6.
    8. Routine use 9 has been divided into two distinct uses 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,

[[Page 69803]]

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]herever 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). Routine use 9 has been renumbered 7 and 8.
    9. The manager, system location, and address of NLRB-4 has been 
changed from ``Library and Administrative Services Branch'' to 
``Director, Division of Administration'' and 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-4 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); 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, December 3, 1999.

    By direction of the Board.
John J. Toner,
Executive Secretary.
NLRB-4

SYSTEM NAME:
    Claim Records.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Director, Division of Administration, NLRB, 1099 14th Street, NW, 
Washington, DC 20570-0001.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    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.

CATEGORIES OF RECORDS IN THE SYSTEM:
    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.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    28 U.S.C. 2671 et seq.; 29 U.S.C. 153(d), 154(a) and (b); 31 U.S.C. 
3701 et seq.

PURPOSE(S):
    These records document the initiation, investigation, and 
disposition of claims filed with the NLRB.

ROUTINE USES OF 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. 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.
    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.
    3. Investigators utilized by the Agency to obtain information 
relevant to a claim against the Agency.
    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. 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.
    6. Individuals who need the information in connection with the 
processing of an appeal, grievance, or compliant.
    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.
    8. An arbitrator to resolve disputes under a negotiated grievance 
arbitration procedure.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Maintained on forms, documents, and other papers.

RETRIEVABILITY:
    Alphabetically by name.

[[Page 69804]]

SAFEGUARDS:
    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.

RETENTION AND DISPOSAL:
    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.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Division of Administration, NLRB, 1099 14th Street, NW, 
Washington, DC 20570-0001.

NOTIFICATION PROCEDURES:
    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).

RECORD ACCESS PROCEDURES:
    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).

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 
System Manager in accordance with the procedures set forth in 29 CFR 
102.117(i).

RECORD SOURCE CATEGORIES:
    Claimants, investigators, and witnesses.

[FR Doc. 99-32253 Filed 12-13-99; 8:45 am]
BILLING CODE 7545-01-M