[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52467-52469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20352]


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FEDERAL MEDIATION AND CONCILIATION SERVICE


Privacy Act of 1974; System of Records

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Notice of a new system of records.

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SUMMARY: To fulfill its conflict resolution and training mission, 
Federal Mediation and Conciliation Service (FMCS) uses Microsoft 
SharePoint, Microsoft Outlook, and a case records management system new 
to FMCS to enable mediators and managers to manage cases, manage 
reporting requirements, provide data for research and training, store 
recorded trainings and meetings, and collect information on Agency 
operations. The Agency's internal drives, SharePoint, email, Cloud-
based services such as Zoom.gov and Microsoft Teams, and a case records 
management system are used to store electronic case tracking 
information, electronic case files (including mediation agreements), 
and recorded meetings and trainings, permitting the accurate and timely 
collection, retrieval, and retention of information maintained by 
offices of the Agency. Inter-Agency Agreements (IAA), agreements for 
reimbursable services, and requests for mediation and training are also 
stored in these locations. IAAs and agreements for reimbursable 
services allow FMCS to provide requested services, such as training and 
labor dispute resolution, to other federal agencies.

DATES: This notice will be effective without further notice on October 
21, 2021 unless otherwise revised pursuant to comments received. New 
routine uses will be effective on October 21, 2021. Comments must be 
received on or before October 21, 2021.

ADDRESSES: You may send comments, identified by FMCS-0004 by any of the 
following methods:
     Mail: Office of General Counsel, 250 E Street SW, 
Washington, DC 20427.
     Email: [email protected]. Include FMCS-0004 on the subject line 
of the message.

[[Page 52468]]

     Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Anna Davis, Deputy General Counsel, at 
[email protected] or 202-606-3737.

SUPPLEMENTARY INFORMATION: This new system is needed for processing, 
storing, and maintaining FMCS case records, notices, and agreements.
SYSTEM NAME AND NUMBER:
    FMCS-0004.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Mediation and Conciliation Service, 250 E Street SW, 
Washington, DC 20427.

SYSTEM MANAGER(S):
    Doug Jones, Director of Information Technology, email 
[email protected], or send mail to Federal Mediation and Conciliation 
Service, 250 E Street Southwest, Washington, DC 20427, Attn: Doug 
Jones.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Mediation and Conciliation Service, 29 U.S.C. 172, et seq.; 
The Privacy Act, 5 U.S.C. 552a; The National Labor Relations Act, 29 
U.S.C. 151, et seq.; Administrative Dispute Resolution Act, 5 U.S.C. 
571-584; Negotiated Rulemaking Act of 1990, 5 U.S.C. 561-570.

PURPOSE(S) OF THE SYSTEM:
    The case records management system is maintained for the purposes 
of processing records of notices, recording modification/termination of 
collective bargaining agreements, and/or existence of certain disputes 
sent by unions and employers under the National Labor Relations Act, as 
well as recording other activities for such purposes. SharePoint is 
maintained for the purposes of processing, monitoring, approving, 
modifying/canceling, signing, and closing agreements with other federal 
agencies. Microsoft Outlook is used to store party communications 
requesting and scheduling mediations and trainings. Cloud-based systems 
such as Zoom.gov and Microsoft Teams are used to record meetings and 
trainings. The Agency's internal drives are also maintained for the 
purpose of processing Freedom of Information requests.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Encompasses all individuals, and parties, receiving mediation, 
training, or any other external FMCS services.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records consist of notices, agreements, case status 
information, and data regarding parties to mediations and trainings. 
This data includes name, title, business address, business email, cell 
phone number, business telephone and fax numbers, and IP address.

RECORD SOURCE CATEGORIES:
    Parties to labor agreements/disputes, mediations, or those 
requesting training submit notices and requests. Agencies requesting 
services submit agreements, and FMCS personnel and official 
representatives receive case and agreement information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The files in this system are used to process, track, review, and 
evaluate requests for mediation, training, and other alternate dispute 
resolution services, and to respond to Freedom of Information Act 
requests. Data from this system may be used for training, presentation, 
and research purposes. The files from this system will also be used in 
the preparation of internal agency reports, the agency's budget 
requests, and reports to Congress.
    (1) Requests for mediation or training completed by parties to 
include the Agency Form F-7, available on www.fmcs.gov. Contact 
information for parties requesting services. These documents are used 
to assign FMCS employees to cases, to respond to Freedom of Information 
Act requests, and to inform FMCS clients and parties of FMCS-sponsored 
events, trainings, conferences, and announcements.
    (2) Processing documents sent to or from parties to a mediation: 
Agency confirmation letters sent to parties assigning mediators to 
cases or trainings, mediation agreements, FMCS terms and conditions, 
ethics waivers pertaining to specific cases, strike notices, picket 
notices, notice of intent to strike, and reports and invoices regarding 
mediations and training.
    (3) Internal processing documents: Checklists of steps needed 
during the life of cases, correspondence with parties, and status 
updates for mediation cases. These documents are used to assess case 
progress, FMCS employee activity, and personnel needs. These documents 
produce summary descriptive statistics and analytical studies, and data 
for management information. These statistics and studies are used for 
related personnel management functions, other federal agency studies, 
congressional reports, budget reports, and workforce assessments.
    (4) These documents or information contained therein may be sent to 
appropriate agencies, entities, and persons when (1) FMCS suspects or 
has confirmed that there has been a breach of the system of records, 
(2) FMCS has determined that as a result of the suspected or confirmed 
breach there is a risk of harm to individuals, FMCS (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (3) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with FMCS's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    (5) These documents or information contained therein may be sent to 
another Federal agency or Federal entity, when FMCS determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The case records management system will store records 
electronically using a commercial software application run on the 
Customer Relationship Management (CRM) platform, Microsoft Dynamics, 
which require a username and password. SharePoint is used to store the 
IAAs, which requires a username and password. Temporary paper files, 
notices received through mail, are destroyed once they are scanned into 
the agency's internal drives which also require a username and 
password. Communications regarding mediations and trainings are stored 
in accordance with the Agency's record retention schedule in Microsoft 
Outlook. Meetings and trainings that are recorded via Zoom.gov are 
stored in the Cloud on ZoomGov servers requiring a username and 
password. Meetings recorded in Microsoft Teams are stored on the FMCS 
employee's OneDrive which requires a username and password. Third-party 
recording of meetings or trainings on FMCS platforms is not permitted.

[[Page 52469]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Mediation case records are indexed by name of party, type of 
notice, case number, case type, date, and assigned mediator or 
geographic region. Mediation case records can also be searched by name, 
address, phone number, fax number, and email of a party on the case 
records management system. On SharePoint, case records are indexed by 
form name and number, agency and office that need services, type of 
service, assigned FMCS personnel, expiration date of service, service 
amount, and status.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are stored in the system for seven years from the date the 
case is closed, plus the current year. Records older than this will be 
archived and sent to the National Archives and Records Administration 
(NARA). Records on the agency's internal drives are stored for seven 
years and then destroyed. On SharePoint, records are stored temporarily 
until business uses cease and then records are destroyed. All records 
are retained and disposed of in accordance with General Records 
Schedule 1.1 and 4.2, issued by NARA.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Case records and agreements are accessible to restricted FMCS 
personnel or contractors who require access. Access to these electronic 
records occurs through a web browser to the internet or on the agency's 
internal drives both requiring a username and password for login. FMCS 
buildings are guarded and monitored by security personnel, cameras, ID 
checks, and other physical security measures.

RECORD ACCESS PROCEDURES:
    Members of the public seeking access to FMCS records would need to 
submit a Freedom of Information Act request via the Agency's public 
website portal, https://palfmcs.efoia-host.com/. FMCS personnel must 
login to the agency's network and database using agency credentials to 
access these records.

CONTESTING RECORDS PROCEDURES:
    See 29 CFR 1410.6, Requests for correction or amendment of records, 
on how to contest the content of any records. Privacy Act requests to 
amend or correct records may be submitted to the Chief Privacy Officer 
at [email protected] or Chief Privacy Officer, FMCS 250 E Street SW, 
Washington, DC 20427. Also, see https://www.fmcs.gov/privacy-policy/.

NOTIFICATION PROCEDURES:
    See 29 CFR 1410.3(a), Individual access requests.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: September 16, 2021.
Sarah Cudahy.
General Counsel.
[FR Doc. 2021-20352 Filed 9-20-21; 8:45 am]
BILLING CODE 6732-01-P