[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5843-5845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02107]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act of 1974; System of Records

AGENCY: National Labor Relations Board.

ACTION: Notice; new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the National Labor 
Relations Board (``NLRB'' or ``Agency'') proposes to issue a National 
Labor Relations Board system of records notice titled, ``Backpay 
Management System'' (NLRB-36). The Agency is authorized by the National 
Labor Relations Act to remedy unfair labor practices by issuing a 
backpay remedy to an individual, called a ``discriminatee,'' for a 
monetary loss that results from an unfair labor practice. A charged 
party that owes backpay is generally referred to as a ``respondent.'' 
The Agency uses the Backpay Management System (BMS) to record received 
funds from respondents, to effectuate disbursements of backpay and 
certain related tax forms to discriminatees, and to facilitate 
providing certain tax forms, tax reports, and tax payments to the 
Internal Revenue Service (IRS) and the Social Security Administration. 
This system notice will be included in the Agency inventory of record 
systems. All persons are advised that, in the absence of submitted 
comments considered by the Agency as warranting modification of the 
notice as here proposed, it is the intention of the Agency that the 
notice shall be effective upon expiration of the comment period without 
further action.

DATES: Written comments on the system's routine uses must be submitted 
on or before March 4, 2022. This system will be effective upon 
publication. The routine uses in this action will become effective on 
March 4, 2022 unless written comments are received that require a 
contrary determination.

ADDRESSES: All persons who desire to submit written comments for 
consideration by the Agency in connection with this proposed notice of 
the system of records shall mail them to the Agency's Senior Agency 
Official for Privacy, National Labor Relations Board, 1015 Half Street 
SE, Third Floor, Washington, DC 20570-0001, or submit them 
electronically to [email protected]. Comments may also be submitted 
electronically through http://www.regulations.gov, which contains a 
copy of this proposed notice.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues please contact: NLRB's Privacy Officer, Office of the Chief 
Information Officer, National Labor Relations Board, 1015 Half Street 
SE, Third Floor, Washington, DC 20570-0001, (202) 273-3733, or 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a(r), the 
NLRB has provided a report of this system of records to Congress and to 
the Office of Management and Budget.

SYSTEM NAME AND NUMBER:
    NLRB-36, Backpay Management System.

SECURITY CLASSIFICATION:
    None of the records in this system are classified.

SYSTEM LOCATION:
    Records are maintained at the National Labor Relations Board 
Headquarters in Washington, DC and in NLRB field locations, which are 
available at https://www.nlrb.gov, and in electronic databases.

SYSTEM MANAGER(S):
    Associate Chief Financial Officer, Finance, Office of the Chief 
Financial Officer, National Labor Relations Board, 1015 Half Street SE, 
Washington, DC 20570.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3101; 5 U.S.C. 552a(e)(10); 29 U.S.C. 160(c); 29 CFR 
101.16; E.O. 9397 (8 FR 16094, Nov. 30, 1943), as amended by E.O. 13478 
(73 FR 70239, Nov. 20, 2008), relating to federal use of Social 
Security Numbers.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the Backpay Management System (BMS) is to enable the 
Agency to record funds received from respondents and to effectuate 
disbursements of backpay and issuance of certain tax forms to 
discriminatees. The Agency uses the BMS to create disbursement files 
that are transmitted to the Department of the Treasury for the issuance 
of payment to discriminatees. The system also facilitates the efforts 
and responsibility of the Agency to send certain tax forms, tax 
reports, and tax payments to the Internal Revenue Service (IRS) and the 
Social Security Administration. The system also generates reports that 
are used to support and verify the activities being processed.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers individuals who are ``discriminatees,'' to whom 
the Agency is issuing a backpay remedy for a monetary loss as part of 
an unfair labor practice case under the National Labor Relations Act. 
The system also covers sole proprietor respondents.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system may include the following types of 
information about individuals:
    [ssquf] For each discriminatee: Name; Social Security number; 
mailing address; home phone number; cell phone number; email address; 
work

[[Page 5844]]

phone number; work email address; Taxpayer Identification Number (TIN); 
date of death if applicable; bank name, address, and routing 
information; payment amount (including wages, interest and dues); 
related tax information; information about the discriminatee's 
employer; and heir relationship (which may include name and contact 
information about the discriminatee's potential heirs for purposes of 
disbursing backpay funds to them as appropriate in the event of a 
discriminatee's death).
    [ssquf] For sole proprietor respondents: Business name; Employer 
Identification Number (EIN); business address; business phone; business 
fax; and name of business's main person to contact for communications.

RECORD SOURCE CATEGORIES:
    The record source categories may include: The Agency's electronic 
case management system (NxGen); information submitted by 
discriminatees; information submitted by discriminatees' employers; 
information submitted by unions and law firms representing 
discriminatees; disbursement requests uploaded by Agency regional 
compliance officers; and payment processing data from the Treasury 
Department, which is manually entered into the BMS by the Agency's 
Office of the Chief Financial Officer as a result of a payment returned 
to the Agency primarily due to incorrect banking information, invalid 
address, or uncashed check after one year.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system may be disclosed outside the NLRB as a routine use pursuant 
to 5 U.S.C. 552a(b)(3) as follows:
    1. To the Department of the Treasury for issuance of payment to 
discriminatees.
    2. To the IRS and the Social Security Administration for tax 
reporting purposes as part of the NLRB's processing of backpay payments 
to discriminatees.
    3. To the Department of Justice for use in litigation when either 
(a) the Agency or any component thereof, (b) any employee of the Agency 
in his or her official capacity, or (c) the United States Government is 
a party to litigation or has an interest in such litigation, and the 
Agency determines that the records are both relevant and necessary to 
the litigation.
    4. To a court or other adjudicative body before which the Agency is 
authorized to appear, when either (a) the Agency or any component 
thereof, (b) any employee of the Agency in his or her official 
capacity, or (c) the United States Government is a party to litigation 
or has an interest in such litigation, and the Agency determines that 
the records are both relevant and necessary to the litigation.
    5. To 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. 
However, the investigative file, or parts thereof, will only be 
released to a Congressional office if the Agency receives a signed 
statement under 28 U.S.C. 1746 from the subject of the investigation.
    6. To the National Archives and Records Administration (NARA) 
pursuant to records management inspections being conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    7. To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS's offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    8. To appropriate agencies, entities, and persons when:
    a. The National Labor Relations Board determines that the use of 
information from this system of records is reasonably necessary and 
otherwise compatible with the purpose of collection to assist another 
federal recipient agency or entity in (a) responding to a suspected or 
confirmed breach of private information, or (b) 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; or
    b. The National Labor Relations Board suspects or has confirmed 
there has been a breach of this system of records; and (a) the NLRB has 
determined that as a result of the suspected or confirmed breach, there 
is a risk of harm to individuals, the NLRB (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (b) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the NLRB's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    9. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for NLRB, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to the NLRB employees.
    10. To an appropriate federal, state, tribal, or local law 
enforcement agency or other appropriate authority charged with 
investigating or prosecuting a violation or enforcing or implementing a 
law, rule, regulation, or order, when a record, either on its face or 
in conjunction with other information, indicates a violation or 
potential violation of law, which includes criminal, civil, or 
regulatory violations, and such disclosure is proper and consistent 
with the official duties of the person making the disclosure.
    11. To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations or in connection with criminal law proceedings 
or pursuant to the order of a court of competent jurisdiction.
    12. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    13. To the news media and the public, with the approval of the 
Senior Agency Official for Privacy in consultation with counsel, when 
there exists a legitimate public interest in the disclosure of the 
information, when disclosure is necessary to preserve confidence in the 
integrity of the NLRB, or when disclosure is necessary to demonstrate 
the accountability of the NLRB's employees or individuals covered by 
the system, except to the extent the Senior Agency Official for Privacy 
determines that release of the specific information in the context of a 
particular case would constitute a clearly unwarranted invasion of 
personal privacy.

[[Page 5845]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic databases.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by individual name or other personal 
identifier listed in ``Categories of Records,'' when applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be retained and disposed of in accordance with the 
NLRB's Request for Records Disposition Authority, Records Schedule 
Number DAA-0025-2017-0001, under the Back Pay Administration 
disposition (Disposition Authority Number DM-0025-2017-0001-0006), 
approved by NARA on April 9, 2018.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to this application is controlled by administrators who 
determine users' authorized access based on each user's office and 
position within the office.

RECORD ACCESS PROCEDURES:
    An individual seeking to gain access to records in this system 
pertaining to him or her should contact the System Manager at the 
address above, in accordance with the procedures set forth in 29 CFR 
102.119(b) and (c).
    An individual requesting access in person must provide identity 
documents sufficient to satisfy the custodian of the records that the 
requester is entitled to such access, such as a government-issued photo 
ID. Individuals requesting access via mail must furnish, at minimum, 
name, date of birth, and home address in order to establish identity. 
Requesters should also reasonably specify the record contents being 
sought.

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 at the address above, in accordance with the procedures 
set forth in 29 CFR 102.119(d).
    An individual seeking to contest records in person must provide 
identity documents sufficient to satisfy the custodian of the records 
that the requester is entitled to contest such records, such as a 
government-issued photo ID. Individuals seeking to contest records via 
mail must furnish, at minimum, name, date of birth, and home address in 
order to establish identity. Requesters should also reasonably identify 
the record, specify the information they are contesting, state the 
corrective action sought and the reasons for the correction along with 
supporting justification showing why the record is not accurate, 
timely, relevant, or complete.

NOTIFICATION PROCEDURES:
    An individual may inquire as to whether this system contains a 
record pertaining to such individual by sending a request in writing, 
signed, to the System Manager at the address above, in accordance with 
the procedures set forth in 29 CFR 102.119(a).
    An individual requesting notification of records in person must 
provide identity documents sufficient to satisfy the custodian of the 
records that the requester is entitled to such notification, such as a 
government-issued photo ID. Individuals requesting notification via 
mail must furnish, at minimum, name, date of birth, and home address in 
order to establish identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: January 28, 2022.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations Board.
[FR Doc. 2022-02107 Filed 2-1-22; 8:45 am]
BILLING CODE 7545-01-P