[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