[Privacy Act Issuances (1997)]
[From the U.S. Government Publishing Office, www.gpo.gov]
FEDERAL MEDIATION AND CONCILIATION SERVICE
INDEX OF SYSTEM NAMES
FMCS/I Agency Internal Personnel Record--Agency Employee
FMCS/II Agency Pay Records--Agency Employee
FMCS/III Agency Personnel Security Records--Agency Employee
FMCS/IV Arbitrator Personal Data File--Arbitrator/Arbitrator
Applicant
FMCS/V Grievance Records
FMCS--I
System name: Agency Internal Personnel Records.
System location:
National Office
Federal Mediation and Conciliation Service
Washington, DC 20427
Region 1
Federal Mediation and Conciliation Service
2937 Federal Building
26 Federal Plaza
New York, NY 10007
Region 2
Federal Mediation and Conciliation Service
401 Mall Building
4th and Chestnut Streets
Philadelphia, PA 19106
Region 3
Federal Mediation and Conciliation Service
Suite 400
1422 W. Peachtree Street, NW.
Atlanta, GA 30309
Region 4
Federal Mediation and Conciliation Service
1525 Superior Building
815 Superior Avenue, NE
Cleveland, OH 44114
Region 5
Federal Mediation and Conciliation Service
175 West Jackson Street
16th Floor
Chicago, IL 60604
Region 6
Federal Mediation and Conciliation Service
Chromalloy Plaza--Fifth Floor
120 S. Central
St. Louis, MO 63105
Region 7
Federal Mediation and Conciliation Service
50 San Francisco Street
Suite 235
San Francisco, CA 94133
Region 8
Federal Mediation and Conciliation Service
Fourth and Vine Building
2615 Fourth Avenue
Seattle, WA 98121
Categories of individuals covered by the system: Agency employees.
Categories of records in the system: The records in this system
are Agency internal operating records used in the operation of the
Agency's personnel management program. This record system contains
the following files:
1. Personnel Folders--correspondence and other documents relating
to employee debt, station transfer, employee evaluations, background
information, and recommendations for promotion.
2. Station Transfer Requests--request forms and related
documents.
3. Performance Evaluation Files--evaluations of new employees.
4. Applicant Files--where applicable, employment applications,
personal resumes, correspondence relating to medical examination and
conditions, qualifications or suitability for employment, documents
related to verifying qualifications, rating sheet for years of
qualifying experience, and interview reports of FMCS staff.
5. Employee Conduct Files--records relating to employee
performance, code of conduct, and possible disciplinary/corrective
action.
6. Employee Productivity Statistics--self explanatory.
Authority for maintenance of the system: Title II, Labor
Management Relations Act, 1947, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: A. In the event
that the above system of records maintained by this Agency to carry
out its functions indicates a violation or potential violation of
law, whether civil criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulations or order issued pursuant thereto.
B. Information within this system of records is referred to
appropriate sources from which information is requested in the course
of an investigation as to suitability for initial or continued
employment to the extent necessary to identify the individual, inform
the source of the nature and purpose of the investigation, and to
identify the type of information requested.
C. Information within this system of records is referred to
members of Congress to the extent necessary to answer routine letters
of inquiry concerning employment applications.
Disclosures to consumer reporting agencies:
Disclosures may be made from this system of records to consumer
reporting agencies that an individual is responsible for a debt to
the United States. Such disclosures will be made pursuant to the Debt
Collection Act of 1982 (31 U.S.C. 3711(f)) to consumer reporting
agencies as defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system: These records are
stored in both locked and unlocked file cabinets, depending upon the
nature of the record and availability of filing equipment. Data may
be retrieved by an individual's name. Access to these records is
restricted to appropriate employees of the National Office and the
Regional Office. Files are retained indefinitely, subject to periodic
review.
System manager(s) and address:
Director of Administration
Federal Mediation and Conciliation Service
Washington, DC 20427
Notification procedure: Individuals seeking knowledge of whether
the system contains information about them should direct their
inquiries in writing to the Director of Administration, FMCS at the
aforementioned address. All such inquiries should include the
requestor's name and any other information that may be helpful in
locating the files.
Record access procedures: See Notification.
Record source categories: Information is obtained directly from
the individual concerned, whenever possible. However, also included
is information obtained from Agency personnel and occasionally from
sources outside the Agency.
Systems exempted from certain provisions of the act: In order to
preserve the accuracy of information necessary for determining
suitability for employment, the identity of a confidential source is
exempted from disclosure under 5 USC 552(a)(k)(5). The exemption is
published in 29 CFR part 1410.
FMCS--II
System name: Agency Pay Records.
System location:
Federal Mediation and Conciliation Service
Washington, DC 20427
Categories of individuals covered by the system: Agency employees.
Categories of records in the system: The records in this system
are used to administer the agency pay system. The records in an
employee's pay file may be copies of a personnel action form, tax
withholding certificates, notification of check mailing address,
allotment forms, health and life insurance forms, retirement forms,
and the salary clearance form. The travel records consist of a
request for travel, travel authorization, travel vouchers,
transportation requests, authorizations, and reimbursements for
expenses incurred in connection with an official change of duty
station. The system also contains computer listings reflecting pay
data, leave records, and time and attendance records.
Authority for maintenance of the system: 5 USC Chapters 51, 53,
and 57.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: None.
Disclosures to consumer reporting agencies:
Disclosures may be made from this system of records to consumer
reporting agencies that an individual is responsible for a debt to
the United States. Such disclosures will be made pursuant to the Debt
Collection Act of 1982 (31 U.S.C. 3711(f)) to consumer reporting
agencies as defined in the Fair Credit Reporting Act or the Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system: These records are
maintained in original/duplicate document form and filed by an
individual's name. The files are contained in regular file cabinets,
access to which is restricted to Budget and Finance Division
personnel only. These records are maintained and disposed of in
accordance with the Federal Property Management Regulation 101-11.4
(General Records Schedules 2, 6, and 9).
System manager(s) and address:
Director of Administration
Federal Mediation and Conciliation Service
Washington, DC 20427
Notification procedure: Individuals seeking knowledge of whether
the system contains information about them should direct their
inquiries to the Director of Administration, FMCS, at the
aforementioned address. All such inquiries should indicate name, and
any other information that may be helpful in locating the file.
Record access procedures: See above.
Record source categories: Information is obtained directly from
the individual concerned.
FMCS--III
System name: Agency Personnel Security Records.
System location:
Federal Mediation and Conciliation Service
Washington, DC.
Categories of individuals covered by the system: Agency employees.
Categories of records in the system: Various information
pertaining to the background investigation and issuance of
clearances.
Authority for maintenance of the system: Executive Order 10450 and
10501, or other Statutory/Regulatory requirements.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: A. A record from
this system of records may be disclosed as a ``routine use'' to a
federal, state or local agency maintaining civil, criminal, or other
relevant enforcement information or other pertinent information, such
as current licenses, if necessary to obtain information relevant to
an agency decision concerning the hiring or retention of an employee,
the issuance of a security clearance, the letting of a contract, or
the issuance of a license, grant, or other benefit.
B. The existence and date of security clearance are furnished to
government agencies or private firms dealing in classified matters.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system: These records are
maintained in original/duplicate document form and filed by an
individual's name. They are used by agency management officials in
determining suitability for employment and in issuing security
clearances. The files are contained in locked security file cabinets,
access to which is restricted. The Agency Personnel Security Officer
determines personnel who are authorized to review these records.
These records are maintained and disposed of in accordance with the
Federal Personnel Manual and the Federal Property Management
Regulation 101-11.4 (General Records Schedule 18).
System manager(s) and address:
Agency Personnel Security Officer
Federal Mediation and Conciliation Service
Washington, DC 20427
Notification procedure: Individuals seeking knowledge of whether
the system contains information about them should direct their
inquiries to the Agency Personnel Security Officer at the above
address.
Record access procedures: All inquiries relating to the Civil
Service Commission background reports or national agency checks
should be addressed to Director, Bureau of Personnel Investigations,
U.S. Civil Service Commission, 1900 E Street, Washington, DC. All
other requests for agency security records should be directed in
writing to the Director of Administration at the address provided
above. All such inquiries should indicate name and any other
information that may be helpful in locating the file.
Record source categories: Information is obtained directly from
the individual on an application for background investigation which
is furnished to the Civil Service Commission.
FMCS--IV
System name: Arbitrator Personal Data File.
System location:
Federal Mediation and Conciliation Service
Washington, DC 20427
Categories of individuals covered by the system: Arbitrator
applicants and arbitrators.
Categories of records in the system: The first category of records
consists of arbitrator applicant records (those not accepted). These
records contain personal resumes, the personal data questionnaire
listing education, professional background and experience,
confidential and other recommendations as to acceptability, and
correspondence pertaining to rejection from placement on the panel.
The second category of records consists of current arbitrator files
(those currently on the roster), and contain the same information as
in the applicant files. In addition, such files include
correspondence with an arbitrator regarding standard fee, interest in
only certain cases, complaints, and other correspondence related to
case handling procedures, and biographical sketches summarizing
information contained in the personal data questionnaire.
Authority for maintenance of the system: Title II Labor Management
Relations Act, 1947, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: Biographical
sketches are furnished to the parties requesting the referral of a
panel of arbitrators.
They are also furnished to persons conducting research on the
arbitration process in a particular area.
Data furnished by the applicant or arbitrator and other sources
listed above is routinely disclosed to appropriate persons or
organizations outside the agency in the course of verification or
evaluation for the purpose of admittance to or retention on the
roster. Data furnished by any source in the nature of a complaint or
inquiry about the arbitrator's performance or qualifications are
routinely referred to the appropriate person outside the agency in
the course of investigating an arbitrator's eligibility for retention
on the roster.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system: These records are
maintained in original/duplicate document form and computer tape. In
either case, they are retrieved by an individual name or
identification number. Access is restricted to Office of Arbitration
personnel, and Management Systems personnel on a limited basis only.
These files are used for purposes of referring arbitration panels to
labor/management. Presently, the files are stored in lateral file
cabinets. Files on active arbitrators are maintained as long as the
individual is utilized for referral of panels. Arbitrator applicant
files are maintained for two years. After the two year retention
period, a separate listing of rejected arbitrator applicants is
prepared and the file is destroyed.
System manager(s) and address:
Director of Office of Arbitration Services
Federal Mediation and Conciliation Service
Washington, DC 20427
Notification procedure: Individuals seeking knowledge of whether
the system contains information about them should direct their
inquiries in writing to the Director of Administration, FMCS, or
Director of Arbitration Services, FMCS, at the aforementioned
address. All such inquiries should indicate name and any other
information that may be helpful in locating the file.
Record access procedures: See Notification.
Record source categories: Direct from the individual, sources
furnished by the individual, or obtained by FMCS.
Systems exempted from certain provisions of the act: In order to
preserve the accuracy of information necessary for determining
appointment to the roster for arbitration records, the identity of a
confidential source is exempted from disclosure under 5 USC
552(a)(k)(5). The exemption is published in 29 CFR part 1410.
FMCS-V
System name: Grievance Records.
System location: These records are located in the Office of the
General Counsel of the Federal Mediation and Conciliation Service.
Categories of individuals covered by the system: Current or former
Federal employees who have submitted grievances with Federal
Mediation and Conciliation Service in accordance with Directive 4609
of the Federal Mediation and Conciliation Service Directives Manual
or under the negotiated grievance procedure for the Agency.
Categories of records in the system: The system contains records
relating to grievances filed by agency employees under the above
cited directive or grievance procedure for the Agency. These case
files contain all documents related to the grievance including
statements of witnesses, reports of interviews and hearings,
examiner's findings and recommendations, a copy of the original and
final decision, and related correspondence and exhibits. This system
includes files and records of internal grievance and arbitration
systems for employees covered by either the agency grievance
procedure or the negotiated grievance procedure.
Authority for maintenance of the system: Privacy Act of 1974, Pub.
L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a), and 5 CFR part 771.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: These records and
information in these records may be used:
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 disclosing agency becomes aware of an indication of a
violation or potential violation of civil or criminal law or
regulation.
b. To disclose information to any source from which additional
information is requested in the course of processing a grievance, to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request and identify the type of information
requested.
c. To disclose information to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the
classifying of jobs, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to requesting
the agency's decision on the matter.
d. To provide information to a congressional office from the
record of an individual in response to an inquiry from that
congressional office made at the request of that individual.
e. To disclose information to another Federal agency or to a
court when the Government is party to a judicial proceeding before
the court.
f. By the National Archives and Records Administration (General
Services Administration) in records management inspections conducted
under authority of 44 U.S.C. 2904 and 2908.
g. By the agency maintaining the records or the Office of
Personnel Management in the production of summary descriptive
statistics and analytical studies in studies in support of the
function for which the records are collected and maintained, or for
related work force studies. While published statistics and studies do
not contain individual identifiers, in some instances the selection
of elements of data included in the study may be structured in such a
way as to make the data individually identifiable by inference.
h. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel; the
Federal Labor Relations Authority and its General Counsel, or the
Equal Employment Opportunity Commission when requested in performance
of their authorized duties.
i. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
j. To provide information to officials of labor organizations
recognized under the Civil Service Reform Act when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: These records are maintained in file folders.
Retrievability: These records are retrieved by the names of the
individuals on whom they are maintained.
Safeguards: These records are maintained in lockable metal filing
cabinets to which only authorized personnel have access.
Retention and disposal: These records are disposed of 3 years after
closing of the case. Disposal is by shredding or burning.
System manager(s) and address: General Counsel, Federal Mediation
and Conciliation Service, 2100 K Street, NW, Washington, DC 20427
Notification procedure: It is required that individuals submitting
grievances be provided a copy of the record under the grievance
process. They may, however, contact the Office of the General Counsel
regarding the existence of such records on them. They must furnish
the following information for their records to be located and
identified:
a. Name.
b. Approximate date of closing of the case and kind of action
taken.
c. Organizational component involved.
Record access procedures: It is required that individuals
submitting grievances be provided a copy of the record under the
grievance process. However, after the action has been closed, an
individual may request access to the official copy of the grievance
file by contacting the Office of the General Counsel.
Individuals must provide the following information for their
records to be located and identified:
a. Name.
b. Approximate date of closing of the case and kind of action
taken.
c. Organizational component involved.
Individuals requesting access must also follow the agency's
Privacy Act regulations regarding access to records and verification
of identity. (29 CFR 1410.3 and 1410.4)
Contesting record procedures: Review of requests from individuals
seeking amendment of their records which have been the subject of a
judicial or quasi-judicial action will be limited in scope. Review of
amendment requests of these records will be restricted to determining
if the record accurately documents the action of the agency ruling on
the case, and will not include a review of the merits of the action,
determination, or finding.
Individuals wishing to request amendment to their records to
correct factual errors should contact the Office of the General
Counsel.
Individuals must furnish the following information for their
records to be located and identified:
a. Name.
b. Approximate date of closing of the case and kind of action
taken.
c. Organizational component involved.
Individuals requesting amendment must also follow the Agency's
Privacy Act regulations regarding amendment to records and
verification of identity. (29 CFR 1410.4 and 1410.6)
Record source categories: Information in this system of records is
provided:
a. By the individual on whom the record is maintained.
b. By testimony of witnesses.
c. By agency officials.
d. From related correspondence from organizations or persons.
FEDERAL MEDIATION AND CONCILIATION SERVICE
Title 29-Labor
Chapter XII-Federal Mediation and Conciliation Service
PART 1410--PRIVACY
Sec.
1410.1 Purpose and scope.
1410.2 Definitions.
1410.3 Individual access requests.
1410.4 Requirements for identification of individuals making requests.
1410.5 Special procedures: Medical records.
1410.6 Requests for correction or amendment of records.
1410.7 Agency review of refusal to amend a record.
1410.8 Notation of dispute.
1410.9 Fees.
1410.10 Penalties.
1410.11 Standards of review.
1410.12 Specific exemptions.
Authority: Privacy Act 1974, Pub. L. 93-579, 88 Stat. 1896 (5 USC
552a).
Source: 40 FR 47418, Oct. 8, 1975, unless otherwise noted.
Sec. 1410.1 Purpose and scope.
(a) The purpose of this part is to set forth rules to inform the
public about information maintained by the Federal Mediation and
Conciliation Service about individuals, to inform those individuals how
they may gain access to and correct or amend information about
themselves, and to exempt disclosure of identity of confidential sources
of certain records.
Sec. 1410.2 Definitions.
For the purposes of this part, unless otherwise required by the
context--
(a) ``Individual'' means a citizen of the United States or an alien
lawfully admitted for permanent residence.
(b) ``Maintain'' means maintain, collect, use or disseminate.
(c) ``Record'' means any item, collection or grouping of information
about an individual that is maintained by the Federal Mediation and
Conciliation Service including, but not limited to, his education,
financial transactions, medical history, and criminal or employment
history, that contains his name, or the identifying number, symbol, or
other identifying particular assigned to the individual, such as a
finger or voice print, or a photograph.
(d) ``System of records'' means a group of any records under the
control of Federal Mediation and Conciliation Service from which
information is retrieved by the name of the individual or by some
identifying particular assigned to the individual.
Sec. 1410.3 Individual access requests.
(a) Individuals who desire to know whether the agency maintains a
system of records containing records pertaining to him may submit a
written request to the Director of Administration, Federal Mediation and
Conciliation Service, Washington, DC 20427. The request must include the
name and address of the requestor. The Director of Administration, or
his designated representative, will advise the requestor in writing
within 10 working days whether the records are so maintained and the
general category of records maintained within the system.
(b) Any individual who desires to inspect or receive copies of any
record maintained within the system concerning him shall submit a
written request to the Director of Administration, Federal Mediation and
Conciliation Service, Washington, DC 20427, reasonably identifying the
records sought to be inspected or copied.
(c) The individual seeking access to his record may also have another
person accompanying him during his review of the records. If the
requestor desires another person to accompany him during the inspection,
the requestor must sign a statement, to be furnished to the Service
representative at the time of the inspection authorizing such other
person to accompany him. Except as required under the Freedom of
Information Act, permitted as a routine use as published in the agency's
annual notice, or for internal agency use, disclosure of records will
only be made to the individual to whom the record pertains, unless
written consent is obtained from that individual. The Director of
Administration will verify the signature of the individual requesting or
consenting to the disclosure of a record prior to the disclosure thereof
to any other person by a comparison of signatures, if the request or
consent is not executed within the presence of a designated Service
representative.
(d) The Director of Administration or his designated representative
will advise the requestor in writing within 10 working days of receipt
of the request whether, to what extent, and approximately when and where
access shall be granted. Within 30 days of receipt of the request, the
records will be made available for review at the FMCS National Office in
Washington, DC, or one of the Regional Offices. The following is a list
of the Regional Office locations:
1.Eastern Region:
Address: Jacob K. Javits Federal Building, 26 Federal Plaza, Room
2937, New York, NY 10278.
Consists of: Maine, New Hampshire, Vermont, Connecticut, Rhode Island,
Massachusetts, New York, Puerto Rico, the Virgin Islands, Pennsylvania,
Delaware, New Jersey, Garrett and Alleghany Counties of Maryland; and
Brooke and Hancock Counties of West Virginia.
2.Central Region:
Address: Insurance Exchange Building, Room 1641, 175 W. Jackson
Street, Chicago, IL 60604.
Consists of: Illinois (except counties listed under the Southern
Region); Indiana (except counties listed under Southern Region);
Wisconsin, Minnesota, North Dakota, South Dakota, Michigan, and Ohio
(except counties listed under the Southern Region).
3. Southern Region:
Address: Suite 400, 1422 W. Peachtree St., NW, Atlanta, GA 30309.
Consists of: Virginia, Maryland (except counties listed under the
Eastern Region); Tennessee; North Carolina; South Carolina; Georgia;
Alabama; Florida; Mississippi; Louisiana; Arkansas; Kentucky; Texas
(except for Hudspeth and El Paso counties); Oklahoma; Missouri (except
for those counties listed for the Western Region); Illinois (in counties
of Calhoun, Greene, Jersey, McCoupin, Montgomery, Fayette, Bond,
Madison, St. Clair, Monroe, Clinton, Washington, Marion, White,
Hamilton, Wayne, Edwards, Wabash, Lawrence, Richland, Clay, Effingham,
Jasper, and Crawford, Perry, Spencer, DuBois, Pike, Gibson, Posey,
Vanderburgh, and Warrick); Ohio (the counties of Butler, Hamilton,
Warren, Clermont, Brown, Highland, Clinton, Ross, Pike, Adams, Scioto,
Lawrence, Ballia, Jackson, Vinton, Hocking, Athens, and Meigs); Kansas
(the counties of Bourbon, Crawford, Cherokee, and Ottawa); West Virginia
(except counties listed under the Central Region); and the Canal Zone.
4.Western Region:
Address: Francisco Bay Building, Suite 235, 50 Francisco Street, San
Francisco, CA 94133.
Consists of: California; Nevada; Arizona; New Mexico; El Paso and
Hudspeth Counties (only) in Texas; Hawaii; Guam; Alaska; Washington;
Oregon; Colorado; Utah; Wyoming; Montana; Idaho; Nebraska; Kansas; Iowa;
Missouri (the counties of Atchinson, Nodaway, Worth, Harrison, Mercer,
Putnam, Schuyler, Scotland, Knox, Adair, Sullivan, Grundy, Daviess,
Gentry, DeKalb, Andrew, Holt, Buchanan, Clinton, Caldwell, Livingston,
Linn, Macon, Shelby, Randolph, Charlton, Carrol, Ray, Clay, Platt,
Jackson, Lafayette, Saline, Howard, Boon, Cooper, Pettis, Johnson, Cass,
Bates, Henry, St. Clair, Benton, and Morgan); American Somoa; and Wake
Island.
[40 FR 47418, Oct. 8, 1975, as amended at 47 FR 10530, Mar. 11, 1982]
Sec. 1410.4 Requirements for identification of individuals making
requests.
Satisfactory identification (i.e., employ identification number,
current address, and verification of signature) must be provided to FMCS
prior to review of the record. The requestor will be provided the
opportunity to review the records during normal business hours.
Sec. 1410.5 Special procedures: Medical records.
(a) If medical records are requested for inspection which, in the
opinion of the Director of Administration, may be harmful to the
requestor if personally inspected by him, such records will be furnished
only to a licensed physician, designated to receive such records by the
requestor. Prior to such disclosure, the requestor must furnish a signed
written authorization to the Service to make such disclosure and the
physician must furnish a written request to the Director of
Administration for the physician's receipt of such records.
(b) Verification of the requestor's signature will be accomplished by
a comparison of signatures if such authorization is not executed within
the presence of a Service representative.
Sec. 1410.6 Requests for correction or amendment of records.
(a) If the individual disagrees with the information in the record, he
may request that the record be amended by addition or deletion. Such a
request must be in writing and directed to the Director of
Administration, Federal Mediation and Conciliation Service, Washington,
DC 20427. The request must also specifically outline the amendment
sought. The Director of Administration or his designated representative
will acknowledge receipt of the request within 10 working days from the
date of receipt of such request. Under normal circumstances, not later
than 30 days after receipt of the request for amendments, the Director
of Administration will either:
(1) Amend the record and notify the requestor in a written letter of
determination to what extent the record is amended; or
(2) If the amendment or correction is denied in whole or in part,
notify the requestor in a written letter of determination the reason for
denial and the requestor's right to request review by the Deputy
National Director.
(b) Routine requests of arbitrators maintained on the Service's roster
of arbitrators to amend records for such matters as address, experience,
fees charged, may be made in writing to the Director of Arbitration
Services, Washington, DC 20427. If such routine requests are not granted
or involve other types of amendments, then the procedure to be followed
is that which includes a request in writing to the Director of
Administration.
Sec. 1410.7 Agency review of refusal to amend a record.
(a) The requestor may appeal any determination of the Director of
Administration not to amend a record by submitting a written request for
review of refusal to amend a record to the Deputy National Director,
Washington, DC 20427. Such a request shall indicate the specific
corrections or amendments sought. Not later than 30 days from receipt of
a request for review (unless such period is extended by the National
Director for good cause shown), the Deputy National Director will
complete such a review and make a final determination on the request,
and shall advise the requestor in a written letter of determination
whether, and to what extent the correction or amendment will be made. If
the correction or amendment is denied, in whole or in part, the letter
of determination will specify the reasons for such denial.
(b) If the Deputy National Director makes a final determination not to
amend the record, the individual may provide to the Service a concise
written statement explaining the reasons for disagreement with the
refusal.
(c) In addition, the individual may file a civil action in the U.S.
District Court to seek an order compelling the Service to amend the
record as requested.
Sec. 1410.8 Notation of dispute.
After an individual has filed a statement of disagreement as described
in Sec. 1410.7(b), any disclosure of the contested records must contain
a notation of the dispute. In addition, a copy of the individual's
statement will be provided to the person or agency to whom the disputed
record is disclosed. The Service may also, but it is not required to,
provide a statement reflecting the agency's reasons for not making the
requested amendments.
Sec. 1410.9 Fees.
Upon request, the Service will provide a photostatic copy of the
records to the individual to whom they pertain. There will be a charge
of $.10 per page.
Sec. 1410.10 Penalties.
Any person who knowingly and willfully requests or obtains any record
concerning an individual from the Service under false pretenses shall be
guilty of a misdemeanor and fined not more than $5,000.
Sec. 1410.11 Standards of review.
Upon a request for inspection of records or a determination on a
request for amendment, the Director of Administration, his designated
representative, or the Deputy National Director will review the
pertinent records and discard any material in them that is not:
(a) Relevant and necessary to accomplish a statutory purpose or a
purpose not authorized by executive order.
(b) Accurate, relevant, timely, and complete, to assure fairness to
the individual.
Sec. 1410.12 Specific exemptions.
With regard to Agency Internal Personnel Records and Arbitrator
Personal Data Files, separately described in the system notices, such
records will be exempted from section (d) of the Act as follows:
Investigatory material maintained solely for the purposes of
determining an individual's qualification, eligibility, or suitability
for employment in the Federal civilian service, Federal contracts, or
access to classified information, but only to the extent that disclosure
of such material would reveal the identity of the source who furnished
information to the Government under an express promise that the identity
of the source would be held in confidence, or prior to September 27,
1975, under an implied promise that the identity of the source would be
held in confidence.
In order to obtain accurate information pertaining to employee or
arbitrator eligibility, the nondisclosure of the identity of such a
confidential source is essential.