[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76430-76432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30720]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2010-OS-0159]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records in its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action would be effective without further notice 
on January 7, 2011 unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) and title, by any of the following 
methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, Room 3C843, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Chief, OSD/JS Privacy Office, Freedom 
of Information Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155, or Ms. Cindy Allard at 
(703) 588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the FOR FURTHER INFORMATION CONTACT address 
above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on November 29, 2010, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: November 30, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS P37
* * * * *

SYSTEM LOCATION:
    Delete entry and replace with ``Washington Headquarters Services 
(WHS), Human Resources Directorate (HRD), Labor and Management Employee 
Relations, Human Resources Directorate, Washington Headquarters 
Services, Department of Defense, 1155 Defense Pentagon, Washington, DC 
20301-1155.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Delete entry and replace with ``Employees of the Office of the 
Secretary of Defense, Joint Staff, Washington Headquarters Services, 
and Department of Defense (DoD) Agencies and Field Activities serviced 
by Washington Headquarters Services Human Resources Directorate who 
have submitted grievances covered by a negotiated grievance procedure 
or unfair labor practice charges.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    Delete entry and replace with ``Case file contains individual's 
name, case number, subject of grievance, background papers, and details 
pertaining to the case or issue. Case files may also contain the 
following information that is not solicited from individuals: Work and/
or home addresses and telephone numbers and Social Security Numbers 
(SSN).''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``5 U.S.C. 7121, Grievance 
Procedures; DoD 1400.25-M (Subchapter 771), DoD Civilian Personnel 
Manual (Administrative Grievance System); Washington Headquarters 
Services Administrative Instruction 37, Employee Grievances, and E.O. 
9397 (SSN), as amended.''

[[Page 76431]]

PURPOSE(S):
    Delete entry and replace with ``Records are used in the 
administration, processing, and resolution of unfair labor complaints, 
grievance arbitrations, negotiability, and representation issues. De-
identified statistical data may be used by management for reporting and 
policy evaluation purposes.''

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records may specifically be disclosed outside the DoD as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To officials of labor organizations reorganized under the Civil 
Service Reform Act when relevant and necessary to the performance of 
their exclusive representation duties concerning personnel policies, 
practices, and matters affecting working conditions.
    To representatives of the U.S. Office of Personnel Management (OPM) 
on matters relating to the inspection, survey, audit, or evaluation of 
civilian personnel management programs.
    To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of duties of the 
Government Accountability Office relating to the Labor-Management 
Relations Program.
    To arbitrators, examiners, or other third parties appointed to 
inquire into or adjudicate labor-management issues.
    The `Blanket Routine Uses' set forth at the beginning of the Office 
of the Secretary of Defense compilation of systems of records notices 
also apply to this system of records.''

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Delete entry and replace with ``Paper file folders and electronic 
storage media.''

RETRIEVABILITY:
    Delete entry and replace with ``Names of individuals initiating 
grievance procedures, case number, and/or by subject matter.''

SAFEGUARDS:
    Delete entry and replace with ``Records are maintained in areas 
only accessible to Labor Management Employee Relations personnel who 
must access the records to perform their official duties. The 
electronic records require a Common Access Card and can only be 
accessed by Labor Management Employee Relations personnel. Paper 
records are stored in locked file cabinets in secured offices and 
buildings that are locked and guarded during non-duty hours.''

RETENTION AND DISPOSAL:
    Delete entry and replace with ``Grievance files are disposed of 
four years after the case is closed.''

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with ``Assistant Director for Labor and 
Management Employee Relations, Human Resources Directorate, Washington 
Headquarters Services, Department of Defense, 1155 Defense Pentagon, 
Washington, DC 20301-1155.''

NOTIFICATION PROCEDURE:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the Assistant Director for Labor and 
Management Employee Relations, Human Resources Directorate, Washington 
Headquarters Services, Department of Defense, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    Requests should include the individual's name, type of issue (e.g., 
administrative grievance), the case subject or case number, a current 
telephone number and be signed and dated.''

RECORD ACCESS PROCEDURES:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the Office of the Secretary of Defense/Joint Staff 
Freedom of Information Act Requester Service Center, Office of Freedom 
of Information, 1155 Defense Pentagon, Washington, DC 20301-1155.
    Requests should include the name and number of this system of 
records notice the type of issue (e.g., administrative grievance) and 
the case subject or case number and be signed and dated.''

CONTESTING RECORD PROCEDURES:
    Delete entry and replace with ``The Office of the Secretary of 
Defense's rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in Office of the 
Secretary of Defense Administrative Instruction 81, 32 CFR part 311, or 
may be obtained from the system manager.''

RECORD SOURCE CATEGORIES:
    Delete and replace with ``The individual, management officials 
involved with the incident leading to or adjudication of grievance or 
unfair labor practice charges, Washington Headquarters Service Labor 
Management Employee Relations personnel, arbitrator's office, the 
Federal Labor Relations Authority Headquarters and Regional Offices, 
and union officials.''
* * * * *
DWHS P37

SYSTEM NAME:
    Grievance and Unfair Labor Practices Records.

SYSTEM LOCATION:
    Washington Headquarters Services (WHS), Human Resources Directorate 
(HRD), Labor and Management Employee Relations, Human Resources 
Directorate, Washington Headquarters Services, Department of Defense, 
1155 Defense Pentagon, Washington, DC 20301-1155.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Employees of the Office of the Secretary of Defense, Joint Staff, 
Washington Headquarters Services, and Department of Defense (DoD) 
Agencies and Field Activities serviced by Washington Headquarters 
Services Human Resources Directorate who have submitted grievances 
covered by a negotiated grievance procedure or unfair labor practice 
charges.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Case file contains individual's name, case number, subject of 
grievance, background papers, and details pertaining to the case or 
issue. Case files may also contain the following information that is 
not solicited from individuals: work and/or home addresses and 
telephone numbers and Social Security Numbers (SSN).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 7121, Grievance Procedures; DoD 1400.25-M (Subchapter 
771), DoD Civilian Personnel Manual (Administrative Grievance System); 
Washington Headquarters Services Administrative Instruction 37, 
Employee Grievances, and E.O. 9397 (SSN), as amended.

PURPOSE(S):
    Records are used in the administration, processing, and resolution 
of unfair labor complaints, grievance arbitrations, negotiability, and 
representation issues. De-identified

[[Page 76432]]

statistical data may be used by management for reporting and policy 
evaluation purposes.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, these records may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    To officials of labor organizations reorganized under the Civil 
Service Reform Act when relevant and necessary to the performance of 
their exclusive representation duties concerning personnel policies, 
practices, and matters affecting working conditions.
    To representatives of the U.S. Office of Personnel Management (OPM) 
on matters relating to the inspection, survey, audit, or evaluation of 
civilian personnel management programs.
    To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of duties of the 
Government Accountability Office relating to the Labor-Management 
Relations Program.
    To arbitrators, examiners, or other third parties appointed to 
inquire into or adjudicate labor-management issues.
    The `Blanket Routine Uses' set forth at the beginning of the Office 
of the Secretary of Defense compilation of systems of records notices 
also apply to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper file folders and electronic storage media.

RETRIEVABILITY:
    Names of individuals initiating grievance procedures, case number, 
and/or by subject matter.

SAFEGUARDS:
    Records are maintained in areas only accessible to Labor Management 
Employee Relations personnel who must access the records to perform 
their official duties. The electronic records require a Common Access 
Card and can only be accessed by Labor Management Employee Relations 
personnel. Paper records are stored in locked file cabinets in secured 
offices and buildings that are locked and guarded during non-duty 
hours.

RETENTION AND DISPOSAL:
    Grievance files are disposed of four years after the case is 
closed.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director for Labor and Management Employee Relations, 
Human Resources Directorate, Washington Headquarters Services, 
Department of Defense, 1155 Defense Pentagon, Washington, DC 20301-
1155.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Assistant Director for Labor and Management Employee Relations, 
Human Resources Directorate, Washington Headquarters Services, 
Department of Defense, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    Requests should include the individual's name, type of issue (e.g., 
administrative grievance), the case subject or case number, a current 
telephone number and be signed and dated.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Office 
of the Secretary of Defense/Joint Staff Freedom of Information Act 
Requester Service Center, Office of Freedom of Information, 1155 
Defense Pentagon, Washington, DC 20301-1155.
    Requests should include the name and number of this system of 
records notice the type of issue (e.g., administrative grievance) and 
the case subject or case number and be signed and dated.

CONTESTING RECORD PROCEDURES:
    The Office of the Secretary of Defense's rules for accessing 
records, for contesting contents and appealing initial agency 
determinations are published in Office of the Secretary of Defense 
Administrative Instruction 81, 32 CFR part 311, or may be obtained from 
the system manager.

RECORD SOURCE CATEGORIES:
    The individual, management officials involved with the incident 
leading to or adjudication of grievance or unfair labor practice 
charges, Washington Headquarters Service Labor Management Employee 
Relations personnel, arbitrator's office, the Federal Labor Relations 
Authority Headquarters and Regional Offices, and union officials.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2010-30720 Filed 12-7-10; 8:45 am]
BILLING CODE 5001-06-P