[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25403-25406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08736]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MEDIATION AND CONCILIATION SERVICE


Privacy Act of 1974; System of Records

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

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

[[Page 25404]]

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, Outlook, 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. The notice amendment includes 
administrative updates to refine details published under summary, 
supplementary information, record source categories, routine uses, and 
the history section. These sections are amended to refine previously 
published information about the system of records. The dates, 
addresses, for further information contact, system name, security 
classification, system location, system manager, authority for 
maintenance of the system, purpose of the system, categories of 
individuals covered by the system, categories of records in the system, 
policies and practices for storage of records, policies and practices 
for retrieval of records, policies and procedures for retention and 
disposal of records, administrative safeguards, record access 
procedures, contesting records procedures, notification procedures, and 
exemptions promulgated remain unchanged. This amended SORN deletes and 
supersedes the SORN published in the Federal Register on March 16, 
2022.

DATES: This system of records will be effective without further notice 
on May 26, 2023 unless otherwise revised pursuant to comments received. 
Comments must be received on or before May 26, 2023.

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.
     Fax: (202) 606-5444.

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

SUPPLEMENTARY INFORMATION: The notice amendment includes administrative 
updates to refine details published under summary, supplementary 
information, record source categories, routine uses, and the history 
section. These sections are amended to refine previously published 
information about the system of records. The dates, addresses, for 
further information contact, system name, security classification, 
system location, system manager, authority for maintenance of the 
system, purpose of the system, categories of individuals covered by the 
system, categories of records in the system, policies and practices for 
storage of records, policies and practices for retrieval of records, 
policies and procedures for retention and disposal of records, 
administrative safeguards, record access procedures, contesting records 
procedures, notification procedures, and exemptions promulgated remain 
unchanged.
    This system is needed for processing, storing, and maintaining FMCS 
case records, notices, and agreements.

SYSTEM NAME AND NUMBER:
    FMCS-0004 Case Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Mediation and Conciliation Service, 250 E Street SW, 
Washington, DC 20427. For records stored on Zoom, this system is 
located at 55 Almaden Blvd., Suite 600, San Jose, CA 95113.

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 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; the Federal Labor Relations 
Act, 5 U.S.C. 7119.

PURPOSE(S) OF THE SYSTEM:
    The records in this system are used to process, track, review, and 
evaluate requests for mediation, training, and other alternate dispute 
resolution services. Records from this system may be used for training, 
presentation, and research purposes. The records from this system will 
also be used in the preparation of internal agency reports, the 
agency's budget requests, and reports to Congress.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    FMCS clients who request or receive FMCS services concerning 
conflict management services or training. These FMCS clients include 
representatives from employers, unions, and educational institutions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Requests for mediation or training completed by parties to 
include the Agency Form F-7, available on www.fmcs.gov. Information 
collected on the form includes contact information for parties 
requesting services.
    (2) Case processing documents and documents sent to or from parties 
to a mediation: Agency confirmation letters sent to parties assigning 
mediators to cases or trainings, mediation agreements, ethics documents 
concerning mediator involvement and authorizations to participate, and 
reports and invoices regarding mediations and training.

RECORD SOURCE CATEGORIES:
    FMCS clients who are parties to labor agreements/disputes, 
mediations, or those requesting FMCS services submit notices and 
requests to FMCS. FMCS personnel create reports, status updates, and 
other internal processing records based on case progress and 
management. The National Labor Relations Board and the Federal Labor 
Relations Authority provide documents to FMCS regarding initial 
contracts.

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) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FMCS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (a) To disclose pertinent information to the appropriate Federal, 
State, or local agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule regulation or order where 
the record, either alone or in conjunction with other information 
creates an indication of a violation or potential violation of civil or 
criminal laws or regulations.

[[Page 25405]]

    (b) To disclose information to contractors, grantees, experts, 
consultants, detailees, and other non-Government employees performing 
or working on a contract, service, or other assignment for the agency 
when necessary to accompany an agency function related to this system 
of records.
    (c) To officials of labor organizations and employers receiving 
services pursuant to 29 U.S.C. 172, et seq.
    (d) To officials of labor organizations and federal agencies 
recognized under 5 U.S.C. Chapter 71 upon receipt of a formal request 
and in accordance with the conditions of 5 U.S.C. 7114 when relevant 
and necessary to their duties of exclusive representation concerning 
personnel policies, practices, and matters affecting working 
conditions.
    (e) To disclose information to a Member of Congress or a 
congressional office in response to an inquiry made on behalf of, and 
at the request of, an individual who is the subject of the record.
    (f) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when FMCS or other 
Agency representing FMCS determines the records are relevant and 
necessary to the proceeding; or in an appropriate proceeding before an 
administrative or adjudicative body when the adjudicator determines the 
records to be relevant to the proceeding.
    (g) To the Department of Justice, including Offices of the U.S. 
Attorneys, or another Federal agency representing FMCS in pending or 
potential litigation or proceedings before any court, adjudicative, or 
administrative body. Such disclosure is permitted only when it is 
relevant and necessary to the litigation or proceeding, and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    (1) FMCS, or any component thereof;
    (2) Any employee or former employee of FMCS in their official 
capacity;
    (3) Any employee or former employee of FMCS in their capacity where 
the Department of Justice or FMCS has agreed to represent the employee;
    (4) The United States, a Federal agency, or another party in 
litigation before a court, adjudicative, or administrative body, upon 
the FMCS General Counsel's approval, pursuant to 5 CFR part 295 or 
otherwise.
    (h) To any agency, organization, or person for the purposes of 
performing audit or oversight operations related to the operation of 
this system of records or for federal ethics compliance purposes as 
authorized by law, but only information necessary and relevant to such 
audit or oversight function.
    (i) To disclose data or information to other federal agencies, 
educational institutions, or FMCS clients who collaborate with FMCS to 
provide research or statistical information, services, or training 
concerning conflict management.
    (j) 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.
    (k) 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:
    Case records may be received in hardcopy form from FMCS clients. 
Hardcopy forms are then scanned and stored electronically on FMCS 
servers. 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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    To retrieve records, FMCS personnel may search by the name of the 
representative or party, the assigned case number, the date, location, 
type of service provided, or FMCS personnel.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All case records are retained and disposed of in accordance with 
General Records Schedule 1.1 and 4.2, issued by the National Archives 
and Records Administration (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. 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.

RECORD ACCESS PROCEDURES:
    Individuals must provide the following information for their 
records to be located and identified: (1) Full name, (2) Address, and 
(3) A reasonably identifying description of the record content 
requested. Requests can be submitted via fmcs.gov/foia/, via email to 
[email protected], or via mail to the Privacy Office at FMCS 250 E 
Street SW, Washington, DC 20427. See 29 CFR 1410.3.

CONTESTING RECORD PROCEDURES:
    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 Privacy Office at [email protected] or 
via mail to the Privacy Office at FMCS 250 E Street SW, Washington, DC 
20427. Also, see https://www.fmcs.gov/privacy-policy/. See 29 CFR 
1410.6.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This amended SORN deletes and supersedes the SORN published in the 
Federal Register on March 16, 2022, at 87 FR 14855.


[[Page 25406]]


    Dated: April 20, 2023.
Anna Davis,
General Counsel, Federal Mediation and Conciliation Service.
[FR Doc. 2023-08736 Filed 4-25-23; 8:45 am]
BILLING CODE 6732-01-P