[Privacy Act Issuances (1999)]
[From the U.S. Government Publishing Office, www.gpo.gov]
NATIONAL LABOR RELATIONS BOARD
Table of contents
NLRB-1 Accounting Records--Financial.
-Appendix
NLRB-2 Applicant Files for Attorney and Field Examiner
Positions.
-Appendix
NLRB-3 Biographical Data File--Presidential Appointees.
-Appendix
NLRB-4 Claim Records.
-Appendix
NLRB-5 Employment and Performance Records, Attorneys and Field
Examiners.
NLRB-6 Employment and Performance Records, Nonprofessionals and
Nonlegal Professionals.
NLRB-7 Grievances, Appeals, Complaints, and Related Litigation
Records.
NLRB-8 Health Maintenance Program Records.
NLRB-9 Occupational Injury and Illness Records.
NLRB-10 Payroll/Personnel Records.
NLRB-12 Prefiling Communications.
NLRB-14 Equal Employment Opportunity Program Management System.
NLRB-15 Employee Counseling Services Program Records.
NLRB-16 Investigative Services Case Files.
NLRB-17 Personnel Security Files.
NLRB-18 Office of Inspector General Investigative Files.
NLRB-19 Telephone Call Detail Records.
NLRB-29 Agency Disciplinary Case Files.
NLRB-1
System name:
Accounting Records--Financial.
Security classification:
None.
System location:
Current records are maintained in: Finance Branch, NLRB, 1099
14th Street, NW, Washington, DC 20570-0001. Each Washington and Field
Office is authorized to maintain copies of records relating to
reimbursements to employees of that office and other individuals
covered within the system. See the attached appendix for addresses of
these offices. Inactive records are stored in the Washington National
Records Center in accordance with regulations issued by the National
Archives and Records Administration (36 CFR 1228.152).
Categories of individuals covered by the system:
Individuals reimbursed for expenses in connection with the
official functions of the NLRB; i.e., travel on official business,
witness fees, FOIA Request, and transportation expenses, and
miscellaneous expenses.
Categories of records in the system:
Records may include name; home or office address; organizational
unit number, purpose, duration, and cost for travel assignment of
Agency employees; purpose, duration, points of travel, and cost for
witnesses used by the Agency; and purpose, category, and cost of
miscellaneous expenses incurred by Agency employees.
Authority for maintenance of the system:
5 U.S.C., 5701 et seq.; 29 U.S.C. 153, 155, 159, 106, and 161(4).
Purpose(s):
These records document financial transactions regarding
reimbursement of expenses in connection with official NLRB functions.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records or information therefrom is disclosed to:
1. Individuals who need the information in connection with the
processing of an appeal, grievance, or complaint.
2. The U.S. General Accounting Office for audit purposes or
determination of validity claims.
3. The U.S. Department of Treasury for issuance of checks, or
direct deposit.
4. Other agencies, offices, establishments, and authorities,
whether Federal, state, or local, authorized or charged with the
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative, or regulatory in nature, and
whether arising by general statute, or particular program statute, or
by regulation, rule, or order issued pursuant thereto.
5. Another agency, whether Federal, State, or local, or private
organization where reimbursable arrangements exits between this
Agency and such other agency or private organization.
6. 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.
7. Officials of labor organizations recognized under 5 U.S.C.
Chapter 71, when disclosure is not prohibited by law; and the data is
normally maintained by the Agency in the regular course of business
and is reasonably available and necessary for full and proper
discussion. The foregoing shall have the identical meaning as 5
U.S.C. 7114(b)(4) as interpreted by the FLRA and the courts.
8. The Department of Justice for use in litigation, when either:
(a) The NLRB or any component thereof; (b) any employee of the NLRB
in his or her official capacity; (c) any employee of the NLRB in his
or her individual capacity, where the Department of Justice has
agreed to represent the employee; or (d) the United States Government
where the NLRB determines that litigation is likely to affect the
NLRB or any of its components, is a party to litigation or has an
interest in such litigation, and the use of such records by the
Department of Justice is deemed by the NLRB to be relevant and
necessary to the litigation, provided that in each case the Agency
determines that disclosure of the records to the Department of
Justice is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
9. A court, magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof; or (b) any employee of the NLRB in his or her
official capacity; or (c) any employee of the NLRB in his or her
individual capacity where the NLRB has agreed to represent the
employee; or (d) the United States Government, is a party to
litigation or has interest in such litigation, and determines that
such disclosure is relevant and necessary to the litigation and that
the use of such records is therefore deemed by the NLRB to be for a
purpose that is compatible with the purpose for which the records
were collected.
10. The Defense Manpower Data Center, Department of Defense, and
to the U.S. Postal Service, to conduct computer matching programs for
the purpose of identifying and locating individuals who are receiving
Federal salaries or benefit payments and are delinquent in their
repayment of debts owed to the U.S. Government under certain programs
administered by the NLRB in order to collect the debts under the
provisions of the Debt Collection Act of 1982 (Pub. L. 97-365), and
Debt Collection Act of 1996 (Pub. L. 104-134) by voluntary repayment,
or by administrative or salary offset procedures, and
Any other Federal agency for the purpose of effecting
administrative or salary offset procedures against a person employed
by that agency or receiving or eligible to receive some benefit
payments from the agency when NLRB as a creditor has a claim against
that person.
Disclosure of information about persons who are receiving Federal
salaries or benefit payments and are delinquent in their repayment of
debts owed to the U.S. Government under certain programs administered
by NLRB may be made to other Federal agencies, only to the extent of
determining whether or not the person is employed by that agency and,
if so, effecting administrative or salary offset procedures against
that person.
Disclosure to consumer reporting agencies:
For the purpose of collecting delinquent debt, these records may
be reported to a credit bureau to add to credit history.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on original source documents except travel summary
cards, some of which are also maintained on microfilm, and electronic
storage for computer matching programs.
Retrievability:
Chronologically by year, and within each year alphabetically by
name.
Safeguards:
Original source documents and microfiche are maintained in file
cabinets. During duty hours cabinets and computers are under
surveillance of personnel charged with custody of the records, and
after duty hours are behind locked doors. Access is limited to
personnel with a need for access in order to perform their official
functions.
Retention and disposal:
Maintained and disposed of in accordance with the provisions of
applicable General Records Schedules issued by the National Archives
and Records Administration.
System manager(s) and address:
Finance Officer, NLRB, 1099 14th Street, NW, Washington, DC
20570-0001.
See the attached appendix for the titles and addresses of
officials at other locations responsible for this system at their
locations.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR 102.117
(g) and (h).
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 appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(i).
Record source categories:
Travel vouchers, witness vouchers, and lodging and miscellaneous
receipts submitted by the individual; travel orders submitted by
Agency officials; subpoenas; claims for reimbursements; and
miscellaneous correspondence and information related thereto.
Appendix
Names and Addresses of NLRB Offices referenced in Notice of
Records System shown above.
NLRB Headquarters Offices
1099 14th Street, NW, Washington, DC 20570-0001
Offices of the Board
Members of the Board, Executive Secretary, Office of
the Executive Secretary, Director, Office of
Representation Appeals, Director, Division of
Information, Solicitor, Inspector General, Office of
Inspector General
Chief Administrative Law Judge, 1099 14th Street, NW,
Washington, DC 20570-0001
Associate Chief Administrative Law Judge, San Francisco
Judges, 901 Market Street, Suite 300, San Francisco,
California 94103-1779
Associate Chief Administrative Law Judge, New York
Judges, 120 West 45th Street, 11th Floor, New York, New
York 10036-5503
Associate Chief Administrative Law Judge, Atlanta
Judges, Peachtree Summit Building, 401 W. Peachtree
Street, NE, Suite 1708, Atlanta, Georgia 30308-3510
Offices of the General Counsel
General Counsel, Associate General Counsel, Division of
Operations Management, Associate General Counsel,
Division of Advice, Associate General Counsel, Division
of Enforcement Litigation, Director, Division of
Administration, Director, Equal Employment Opportunity
NLRB Field Offices
Regional Director, Region 1
Thomas P. O'Neal, Jr. Federal Office Building, 10
Causeway Street--6th Floor, Boston, Massachusetts
02222-1072
Regional Director, Region 2
Jacob K. Javits Federal Office Building, 26 Federal
Plaza, Room 3614, New York, New York 10278-0104
Regional Director, Region 3
Dulski Federal Building, 111 West Huron Street, Room
901, Buffalo, New York 14202-2387
Resident Officer
Albany Resident Office, Leo W. O'Brien Federal
Building, Clinton Avenue at N. Pearl Street--Room 342,
Albany, New York 12207-2350
Regional Director, Region 4
One Independence Mall, 615 Chestnut Street--7th Floor,
Philadelphia, Pennsylvania 19106-4404
Regional Director, Region 5
The Appraisers Store, 103 South Gay Street, 8th Floor,
Baltimore, Maryland 21202-4026
Resident Officer
Washington Resident Office, 1099 14th Street, NW, Suite
5530, Washington, DC 20570-0001
Regional Director, Region 6
William S. Moorehead Federal Building, 1000 Liberty
Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
Regional Director, Region 7
Patrick V. McNamara Federal Building, 477 Michigan
Avenue--Room 300, Detroit, Michigan 48226-2569
Resident Officer
Grand Rapids Resident Office, The Furniture Company
Building, 82 Ionia Northwest--Room 330, Grand Rapids,
Michigan 49503-3022
Regional Director, Region 8
Anthony J. Celebrezze Federal Building, 1240 East 9th
Street, Room 1695 Cleveland, Ohio 44199-2086
Regional Director, Region 9
John Weld Peck Federal Building, 550 Main Street, Room
3003, Cincinnati, Ohio 45202-3271
Regional Director, Region 10
Marietta Tower, Suite 2400, 101 Marietta Street NW.,
Atlanta, Georgia 30323-3301
Resident Officer
The Burger--Phillips Centre, 1900 Third Avenue North,
Suite 311, Birmingham, Alabama 35203-3502
Regional Director, Region 11
Republic Square, Suite 200, 4035 University Parkway,
Winston Salem, North Carolina 27106-3325
Regional Director, Region 12
First of America Plaza--Suite 530, 201 East Kennedy
Boulevard, Tampa, Florida 33602-5824
Resident Officer
Miami Resident Office, Claude Pepper Federal Office
Building-13th Floor, 51 Southwest 1st Avenue, Room
1320, Miami, Florida 33130-1608
Resident Officer
Jacksonville Resident Office, Federal Building, Room
214, 400 West Bay Street, Box 35091, Jacksonville,
Florida 32202-4412
Regional Director, Region 13
Bank of America Building--Suite 800, 200 West Adams
Street, Chicago, Illinois 60606-5208
Regional Director, Region 14
1222 Spruce Street, Room 8302, Saint Louis, Missouri
63103-2829
Regional Director, Region 15
1515 Poydras Street--Room 610, New Orleans, Louisiana
70112-3723
Regional Director, Region 16
Fritz G. Lanham Federal Office Building, 819 Taylor
Street, Room 8A24, Fort Worth, Texas 76102-6178
Resident Officer
Houston Resident Office, Suite 550, Lyric Center, 440
Louisiana Street, Houston, Texas 77002-2649
Resident Officer
San Antonio Resident Office, U.S. Post Office/
Courthouse Building--Room 565, 615 E. Houston Street,
San Antonio, Texas 78205-2040
Resident Officer
El Paso Resident Office, PO Box 23159, El Paso, Texas
79923-3159
Regional Director, Region 17
8600 Farley Street, Suite 100, Overland Park, Kansas
66212-4677
Resident Officer
Tulsa Resident ffice, Grantson Building--Suite 990, 111
West Fifth Street, Tulsa, Oklahoma 74103-4214
Regional Director, Region 18
Federal Building, 110 South 4th Street--Room 316,
Minneapolis, Minnesota 55401-2291
Resident Officer
Des Moines Resident Office, Federal Building--Room 909,
210 Walnut Street, Des Moines, Iowa 50309-2116
Regional Director, Region 19
Henry Jackson Federal Building--Room 2948, 915 Second
Avenue, Seattle, Washington 98174-1078
Resident Officer
Anchorage Resident Office, Federal Office Building, 222
West 7th Avenue, Room 510, Box 21, Anchorage, Alaska
99513-3546
Officer in Charge
Subregion 36, Koin Center--Room 401, 222 Southwest
Columbia Street, Portland, Oregon 97201-6604
Regional Director, Region 20
901 Market Street--Suite 400, San Francisco, California
94103-1735
Officer in Charge
Subregion 37, Prince Kuhio Federal Building--Room 7318,
300 Ala Moana Boulevard, Honolulu, Hawaii 96850-4980
Regional Director, Region 21
888 South Figueroa Street--9th Floor, Los Angeles,
California 90017-5449
Resident Officer
San Diego Resident Office, Pacific Professional
Center--Suite 302, 555 West Beech Street, San Diego,
California 92101-2939
Regional Director, Region 22
20 Washington Place--5th Floor, Newark, New Jersey
07102-2570
Regional Director, Region 24
La Torre de Plaza--Suite 1002, 525 F.D. Roosevelt
Avenue, San Juan, Puerto Rico 00918-1002
Regional Director, Region 25
Minton Capehart Federal Building--Room 238, 575 North
Pennsylvania Street, Indianapolis, Indiana 46204-1577
Region Director, Region 26
Mid-Memphis Tower--Suite 800, 1407 Union Avenue,
Memphis, Tennessee 38104-3627
Resident Officer
Little Rock Resident Office, TCBY Building--Suite 375,
425 West Capitol Avenue, Little Rock, Arkansas 72201-
3489
Resident Officer
Nashville Resident Office, 8101 Broadway, 3rd Floor,
Nashville, Tennessee 37203-3816
Regional Director, Region 27
Dominion Plaza, North Tower, 600 17th Street, 7th
Floor, Denver, Colorado 80202-5433
Regional Director, Region 28
Security Building, Suite 440, 234 North Central Avenue,
Phoenix, Arizona 85004-2212
Resident Officer
Albuquerque Resident Office, Western Bank Plaza--Room
1820, 505 Marquette Avenue, NW., Albuquerque, New
Mexico 87102-2181
Resident Officer
Las Vegas Resident Office, Alan Bible Federal
Building--Suite 400, 600 Las Vegas Boulevard, South,
Las Vegas, Nevada 89101-6637
Regional Director, Region 29
One Metro Tech Center, Jay Street and Myrtle Avenue--
10th Floor, Brooklyn, New York 11201-4201
Regional Director, Region 30
Henry S. Reuss Federal Plaza--Suite 700, 310 West
Wisconsin Avenue, Milwaukee, Wisconsin 53203-2211
Regional Director, Region 31
Federal Building/USPO--Room 12100, 11000 Wilshire
Boulevard, Los Angeles, California 90024-3682
Regional Director, Region 32
Breuner Building, 2nd Floor, 1301 Clay Street, Room
300N, Oakland, California 94612-5211
Regional Director, Region 33
Hamilton Square Building--Suite 200, 300 Hamilton
Boulevard, Peoria, Illinois 61602-1104
Regional Director, Region 34
1 Commercial Plaza--21st Floor, Church and Trumbull
Street, Hartford, Connecticut 06103-3599
NLRB-2
System name:
Applicant Files for Attorney and Field Examiner Positions.
Security classification:
None.
System location:
Office of Executive Assistant, Division of Operations Management;
Office of the Executive Secretary, NLRB, 1099 14th Street, NW,
Washington, DC 20570-0001.
Washington and Field Offices are authorized to maintain the
records or copies of the records in connection with processing of
applications for employment in the Agency. See the attached appendix
for addresses of the Washington and Field Offices.
Categories of individuals covered by the system:
Applicants for Attorney or Field Examiner positions in offices
under the general supervision of the General Counsel; applicants for
Attorney positions on Board Member's staffs, in the Office of the
Solicitor, and in the Office of Representation Appeals.
Categories of records in the system:
Records may include copies of employment applications;
educational transcripts, resumes, employment interview reports, and
other information related to employment.
Authority for maintenance of the system:
5 U.S.C. 3301 et seq.; 29 U.S.C. 153(d), 154, 159, and 160.
Purpose(s):
These records document the skills and background of applicants
for attorney and field examiner positions within the NLRB.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The records or information contained therein may be disclosed to:
1. Individuals who need the information in connection with the
processing of an appeal, grievance, or complaint.
2. 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 records are
maintained.
3. Officials of labor organizations recognized under 5 U.S.C.
Chapter 71, when disclosure is not prohibited by law; and the data is
normally maintained by the Agency in the regular course of business
and is reasonably available and necessary for full and proper
discussion, understanding and negotiation of subjects within the
scope of collective bargaining. The foregoing shall have the
identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA
and the courts.
4. An arbitrator to resolve disputes under a negotiated grievance
arbitration procedure.
5. Other agencies, offices, establishments, and authorities,
whether Federal, state, or local, authorized or charged with
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative, or regulatory in nature, and
whether arising by general statute or particular program statute, or
by regulation, rule, or order issued pursuant thereto.
6. The Department of Justice for use in litigation when either:
(a) The NLRB or any component thereof, (b) any employee of the NLRB
in his or her official capacity, (c) any employee of the Agency in
his or her individual capacity, where the Department of Justice has
agreed to represent the employee, or (d) the United States Government
where the NLRB determines that litigation is likely to affect the
NLRB or any of its components, is a party to litigation or has
interest in such litigation, and the use of such records by the
Department of Justice is deemed by the NLRB to be relevant and
necessary to the litigation, provided that in each case the Agency
determines that disclosure of the records to the Department of
Justice is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
7. A court, magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof, or (b) any employee of the NLRB in his or her
official capacity; or (c) any employee of the NLRB in his or her
individual capacity, where the NLRB has agreed to represent the
employee, or (d) the United States Government is a party to
litigation or has an interest in such litigation, and determines that
such disclosure is relevant and necessary to the litigation and that
the use of such records is therefore deemed by the NLRB to be for a
purpose that is compatible with the purpose for which the records
were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on paper including forms, letters, and memoranda.
Retrievability:
Alphabetically by name.
Safeguards:
Maintained in file cabinets. During duty hours cabinets are under
surveillance of personnel charged with custody of the records and
after duty hours are behind locked doors. Access to the cabinets is
limited to personnel having a need for access to perform their
official functions.
Retention and disposal:
Employment applications not resulting in appointment are
destroyed when 2 years old.
System manager(s) and address:
1. To those applicants for positions under supervision of the
General Counsel--Executive Assistant, Division of Operations
Management, NLRB, 1099 14th Street, NW, Washington, DC 20570.
2. To those applicants for positions under the supervision of a
Board Member, the Director of the Office of Representation Appeals,
and the Solicitor--Executive Secretary, NLRB, 1099 14th Street, NW.,
Washington, DC 20570-0001.
See the attached appendix for titles and addresses of officials
at other locations responsible for this system at their location.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR 102.117
(g) and (h).
Contesting record procedures:
An individual may request amendment of a record pertaining to him
or her maintained in this system by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(i).
Record source categories:
Applicants, educational institutions, interviewers, evaluators,
personnel specialists, references, previous employers.
Appendix
Names and Addresses of NLRB Offices referenced in Notice of
Records System shown above.
NLRB HEADQUARTERS OFFICES, 1099 14th Street, NW, Washington, DC
20570-0001
OFFICES OF THE BOARD
Members of the Board
Executive Secretary, Office of the Executive Secretary
Director, Office of Representation Appeals
Director, Division of Information
Solicitor
Inspector General, Office of Inspector General
Chief Administrative Law Judge, 1099 14th Street, NW, Room 5400 East,
Washington, DC 20570-0001
Associate Chief Administrative Law Judge, San Francisco Judges, 901
Market Street, Suite 300, San Francisco, California 94103-1779
Associate Chief Administrative Law Judge, New York Judges, 120 West
45th Street, 11th Floor, New York, New York 10036-5503
Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree
Summit Building, 401 W. Peachtree Street, NW, Suite 1708, Atlanta,
Georgia 30308-3510
OFFICES OF THE GENERAL COUNSEL
General Counsel
Associate General Counsel, Division of Operations Management
Associate General Counsel, Division of Advice
Associate General Counsel, Division of Enforcement Litigation
Director, Division of Administration
Director, Equal Employment Opportunity
NLRB FIELD OFFICES
Regional Director, Region 1, Thomas P. O'Neal Jr. Federal Office
Building, 10 Causeway Street, 6th Floor, Boston, Massachusetts 02222-
1072
Regional Director, Region 2, Jacob K. Javits Federal Building, 26
Federal Plaza, Room 3614, New York, New York 10278-0104
Regional Director, Region 3, Thaddeus J. Dulski Federal Building, 111
West Huron Street, Room 901, Buffalo, New York 14202-2387
Resident Officer, Albany Resident Office, Leo W. O'Brien Federal
Building, Clinton Avenue at N. Pearl Street, Room 342, Albany, New
York 12207-2350
Regional Director, Region 4, One Independence Mall, 615 Chestnut
Street, 7th Floor, Philadelphia, Pennsylvania 19106-4404
Regional Director, Region 5, The Appraisers Store Building, 103 South
Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
Resident Officer, Franklin Court Building, 1099 14th Street, NW,
Suite 5530, Washington, DC 20570-0001
Regional Director, Region 6, William S. Moorehead Federal Building,
1000 Liberty Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
Regional Director, Region 7, Patrick V. McNamara Federal Building,
477 Michigan Avenue, Room 300, Detroit, Michigan 48226-2569
Resident Officer, Grand Rapids Resident Office, The Furniture Company
Building, 82 Ionia Northwest, Room 330, Grand Rapids, Michigan 49503-
3022
Regional Director, Region 8, Anthony J. Celebrezze Federal Building,
1240 East 9th Street, Room 1695, Cleveland, Ohio 44199-2086
Regional Director, Region 9, John Weld Peck Federal Building, 550
Main Street, Room 3003, Cincinnati, Ohio 45202-3271
Regional Director, Region 10, Harris Tower, 233 Peachtree Street, NE,
Suite 1000, Atlanta, Georgia 30303-1504
Resident Officer, The Burger-Phillips Centre, 1900 3rd Avenue North,
Suite 311, Birmingham, Alabama 35203-3511
Regional Director, Region 11, Republic Square, Suite 200, 4035
University Parkway, Winston-Salem, North Carolina 27106-3325
Regional Director, Region 12, South Trust Plaza, Suite 530, 201 East
Kennedy Boulevard, Tampa, Florida 33602-5824
Resident Officer, Jacksonville Resident Office, Federal Building, 400
West Bay Street, Room 214, Box 35091, Jacksonville, Florida 32202-4412
Resident Officer, Miami Resident Office, Federal Building, 51
Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
Regional Director, Region 13, 200 West Adams Street, Suite 800,
Chicago, Illinois 60606-5208
Regional Director, Region 14, 1222 Spruce Street, Room 8.302, Saint
Louis, Missouri 63103-2829
Regional Director, Region 15, 1515 Poydras Street, Room 610, New
Orleans, Louisiana 70112-3723
Regional Director, Region 16, Federal Office Building, 819 Taylor
Street, Room 8A24, Forth Worth, Texas 76102-6178
Resident Officer, Houston Resident Office, 440 Louisiana Street,
Suite 550, Houston, Texas 77002-2649
Resident Officer, San Antonio Resident Office, 615 E. Houston Street,
Room 565, San Antonio, Texas 78205-2040
Regional Director, Region 17, 8600 Farley Street, Suite 100, Overland
Park, Kansas 66212-4677
Resident Officer, Tulsa Resident Office, 224 South Boulder Avenue,
Room 318, Tulsa, Oklahoma 74103-3027
Regional Director, Region 18, 234 Federal Courts Building, 110 South
4th Street, Room 234, Minneapolis, Minnesota 55401-2291
Resident Officer, Des Moines Resident Office, 210 Walnut Street, Room
439, Des Moines, Iowa 50309-2116
Regional Director, Region 19, Henry M. Jackson Federal Building, 915
Second Avenue, Room 2948, Seattle, Washington 98174-1078
Resident Officer, Anchorage Resident Office, 222 West 7th Avenue, Box
21, Anchorage, Alaska 99513-3546
Officer in Charge, Subregion 36, 222 SW Columbia Street, Room 401,
Portland, Oregon 97201-6604
Regional Director, Region 20, 901 Market Street, Suite 400, San
Francisco, California 94103-1735
Officer in Charge, Subregion 37, Prince Kuhio Federal Building, 300
Ala Moana Boulevard, Room 7-245, Honolulu, Hawaii 96850-4980
Regional Director, Region 21, 888 South Figueroa Street, 9th Floor,
Los Angeles, California 90017-5449
Resident Officer, San Diego Resident Office, Pacific Professional
Center, 555 West Beech Street, Suite 302, San Diego, California 92101-
2939
Regional Director, Region 22, 20 Washington Place, 5th Floor, Newark,
New Jersey 07102-2570
Regional Director, Region 24, La Torre de Plaza, 525 F.D. Roosevelt
Avenue, Suite 1002, San Juan, Puerto Rico 00918-1002
Regional Director, Region 25, Minton-Capehard Federal Building, 575
North Pennsylvania Street, Room 238, Indianapolis, Indiana 46204-1577
Regional Director, Region 26, Mid-Memphis Tower Building, 1407 Union
Avenue, Suite 800, Memphis, Tennessee 38104-3627
Resident Officer, Little Rock Resident Office, TCBY Tower, 425 West
Capitol Avenue, Suite 375, Little Rock, Arkansas 72201-3489
Resident Officer, Nashville Resident Officer, 810 Broadway, 3rd
Floor, Nashville, Tennessee 37203-3816
Regional Director, Region 27, Dominion Plaza, North Tower, 600 17th
Street, 7th Floor, Denver, Colorado 80202-5433
Regional Director, Region 28, Security Building, 234 North Central
Avenue, Suite 440, Phoenix, Arizona 85004-2212
Resident Officer, Albuquerque Resident Office, Western Bank Plaza,
505 Marquette Avenue, NW, Room 1820, Albuquerque, New Mexico 87102-
2181
Resident Officer, Las Vegas Resident Office, Alan Bible Federal
Building, 600 Las Vegas Boulevard South, Suite 400, Las Vegas, Nevada
89101-6637
Resident Officer, El Paso Resident Office, P.O. Box 23159, El Paso,
Texas 79923-3159
Regional Director, Region 29, One Metro Tech Center, Jay Street and
Myrtle Avenue, 10th Floor, Brooklyn, New York 11201-4201
Regional Director, Region 30, Henry S. Reuss Federal Plaza, 310 West
Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 54203-2211
Regional Director, Region 31, 11150 W. Olympic Boulevard, Suite 700,
Los Angeles, California 90064-1824
Regional Director, Region 32, Breuner Building, 2nd Floor, 1301 Clay
Street, Room 300N, Oakland, California 94612-5211
Regional Director, Region 33, Hamilton Square Building, 300 Hamilton
Boulevard, Suite 200, Peoria, Illinois 61602-1246
Regional Director, Region 34, One Commercial Plaza, 280 Trumbull
Street, 21st Floor, Hartford, Connecticut 06103-3599
NLRB-3
System name:
Biographical Data File--Presidential Appointees.
Security classification:
None.
System location:
Division of Information, NLRB, 1099 14th Street, NW, Washington,
DC 20570-0001.
Categories of individuals covered by the system:
Present and former Presidential appointees to NLRB positions.
Categories of records in the system:
Records may include biographical sketches; news releases, news
articles or speeches and other newsmaking activities; photographs,
and related materials.
Authority for maintenance of the system:
29 U.S.C. 153(a) and (d), 54(a); 44 U.S.C. 3101.
Purpose(s):
These records document pertinent aspects of the personal and
professional history of NLRB's most senior officials.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The records, or information contained therein may be disclosed
to:
1. Individuals who need the information in connection with the
processing of an appeal, grievance, or complaint.
2. The public, upon demonstrated interest.
3. 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 records are
maintained.
4. The Department of Justice for use in litigation when either
(a) the NLRB or any component thereof, (b) any employee of the NLRB
in his or her official capacity, (c) any employee of the NLRB in his
or her individual capacity where the Department of Justice has agreed
to represent the employee; or (d) the United States Government where
the NLRB determines that litigation is likely to affect the NLRB or
any of its components, is a party to litigation or has interest in
such litigation, and the use of such records by the Department of
Justice is deemed by the NLRB to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
5. A court, a magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof; or (b) any employee of the NLRB in his or her
official capacity; or (c) any employee of the NLRB in his or her
individual capacity where the NLRB has agreed to represent the
employee; or (d) the United States Government, is a party to
litigation or has interest in such litigation, and determines that
such disclosure is relevant and necessary to the litigation and that
the use of such records is therefore deemed by the NLRB to be for a
purpose that is compatible with the purpose for which the records
were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on original sources or related papers in file folders.
Retrievability:
Alphabetically by name.
Safeguards:
Maintained in file cabinets within the Division of Information.
During duty hours, cabinets are under the surveillance of office
personnel charged with custody of the records, and after duty hours
are behind locked doors.
Retention and disposal:
Permanently retained.
System manager(s) and address:
Director, Division of Information, NLRB, 1099 14th Street, NW,
Washington, DC 20570-0001.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117(g) and
(h).
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 in accordance with the procedures set forth in 29 CFR
102.117(i).
Record source categories:
Information in this system is submitted by the individual, written
by Agency staff and approved by the individual, and obtained from
general news sources.
NLRB-4
System name: Claim Records.
Security classification:
None.
System location:
Director, Division of Administration, NLRB, 1099 14th Street, NW,
Washington, DC 20570-0001.
Categories of individuals covered by the system:
Individuals filing claims under the Federal Tort Claims Act of 1946;
the Military Personnel and Civilian Employees' Claims Act of 1964;
claims filed under 41 CFR 101-39.4, Interagency Fleet Management
Systems, Accidents and Claims; and claims under contracts with
rental car companies.
Categories of records in the system:
Records may include reports of accidents or other events causing
damage or loss; data bearing upon the scope of employment of motor
vehicle operators; statements of witnesses; claims for damage or
loss; investigations of claims, including doctors' reports, if any;
police reports; rental agreements; repair estimates; records on
disposition of claims; and information related to the above.
Authority for maintenance of the system:
28 U.S.C. 2671 et seq.; 29 U.S.C. 153(d), 154(a) and (b); 31 U.S.C.
3701 et seq.
Purpose(s):
These records document the initiation, investigation, and
disposition of claims filed with the NLRB.
The records, or information contained therein may be disclosed to:
1. The Department of Justice for use in litigation when either: (a)
The NLRB or any component thereof; (b) any employee of the NLRB in
his or her official capacity; (c) any employee of the NLRB in his or
her individual capacity where the Department of Justice has agreed
to represent the employee; or (d) the United States Government where
the NLRB determines that litigation is likely to affect the NLRB or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the NLRB to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
2. A court, a magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witness in the course of
civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof; or (b) any employee of the NLRB in his or her
official capacity; (c) any employee of the NLRB in his or her
individual capacity, where the NLRB has agreed to represent the
employee; or (d) the United States Government, is a party to
litigation or has an interest in such litigation, and determines
that disclosure is relevant and necessary to the litigation and that
the use of such records is therefore deemed by the NLRB to be for a
purpose that is compatible with the purpose for which the records
were collected.
3. Investigators utilized by the Agency to obtain information
relevant to a claim against the Agency.
4. Other agencies, offices, establishments, and authorities, whether
Federal, State, or local, authorized or charged with the
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative, or regulatory in nature,
and whether arising by general statute, or particular program
statute, or by regulation, rule, or order issued pursuant thereto.
5. 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.
6. Individuals who need the information in connection with the
processing of an appeal, grievance, or compliant.
7. Officials of labor organizations recognized under 5 U.S.C.
Chapter 71, when disclosure is not prohibited by law; and the data
is normally maintained by the Agency in the regular course of
business and is reasonably available and necessary for full and
proper discussion, understanding and negotiation of subjects within
the scope of collective bargaining. The forgoing shall have the
identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA
and the courts.
8. An arbitrator to resolve disputes under a negotiated grievance
arbitration procedure.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on forms, documents, and other papers.
Retrievability:
Alphabetically by name.
Safeguards:
Maintained in a file cabinet within the office of the Director,
Division of Administration. During duty hours files are under the
surveillance of personnel charged with the custody of the records,
and after duty hours are behind locked doors. Access is limited to
personnel who have a need for access to perform their official
functions.
Retention and disposal:
Claims reports involving pecuniary liability are destroyed 10 years
after the close of the fiscal year in which final action was taken.
All other claims reports are destroyed 3 years after the close of
the fiscal year in which final action was taken.
System manager(s) and address:
Director, Division of Administration, NLRB, 1099 14th Street, NW,
Washington, DC 20570-0001.
Notification procedures:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117 (g) and
(h).
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 in accordance with the procedures set forth in 29 CFR
102.117(i).
Record source categories:
Claimants, investigators, and witnesses.
Security classification:
None.
System location:
Office of Executive Assistant, Division of Operations Management;
Board Members' Offices; Office of Representation Appeals; Office of
the Solicitor, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC
20570.
Washington and Field Offices are authorized to maintain the records
or copies of the records for current and former NLRB employees of
that office. See the attached appendix for addresses of the
Washington and Field Offices.
Categories of individuals covered by the system:
Current and former Attorneys and Field Examiners in offices under
the general supervision of the General Counsel; current and former
Attorneys employed on Board Members' Staffs, in the Office of the
Solicitor, and in the Office of Representation Appeals.
Categories of records in the system:
Records may include copies of employment applications, copies of
personnel records, educational transcripts, resumes, employment
interview reports, evaluation reports, career development
appraisals, recommendations concerning promotion, copies of the
official personnel file, correspondence, memoranda, and other
information relevant thereto.
Authority for maintenance of the system:
5 U.S.C. 4301 et seq.; 29 U.S.C. 153(d), 154, 159, 160.
Purpose(s):
These records document employee actions and performance appraisals.
The records, or information therefrom, are disclosed to:
1. Agency officials and employees who have a need for the records or
information.
2. Individuals who have a need for the information in connection
with the processing of an appeal, grievance, or complaint. Wherever
feasible, such information shall be furnished in depersonalized
form, i.e., without personal identifiers.
3. A congressional office in response to any inquiry from the
congressional office made at the request of the subject individual.
4. Officials of labor organizations recognized under Pub. L. 95-454,
when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Wherever feasible
and consistent with responsibilities under the Act, such information
shall be furnished indepersonalized form, i.e., without personal
identifiers.
5. The appropriate agency, whether Federal, State, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto, or to any agency in connection with its
oversight review responsibility.
6. 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 individual capacity, (c) any employee of the Agency in
his or her official capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
7. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on paper including forms, letters, and memoranda, and on
magnetic disks.
Retrievability:
Alphabetically by name.
Safeguards:
Maintained in file cabinets. During duty hours cabinets are under
the surveillance of personnel charged with custody of the records,
and after duty hours are behind locked doors. Access is limited to
personnel having a need for access to perform their official
functions. Data captured on magnetic disks are limited to those with
access codes and are stored in a locked room during and after duty
hours.
Retention and disposal:
Retained in accordance with applicable General Records Schedules
issued by the National Archives and Records Administration.
System manager(s) and address:
1. Attorneys and field examiners under supervision of the General
Counsel--Executive Assistant, Division of Operations Management,
NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
2. Attorneys under supervision of a Board Member--Chief Counsel to
that Board Member, NLRB, 1717 Pennsylvania Avenue, NW, Washington,
DC 20570.
3. Attorneys under supervision of the Director, Office of
Representation Appeals--Director, Office of Representation Appeals,
NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
4. Attorneys under supervision of the Solicitor--Solicitor, NLRB,
1717 Pennsylvania Avenue, NW, Washington, DC 20570.
See the attached appendix for titles and addresses of officials at
other locations responsible for this system at their locations.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
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
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(h).
Record source categories:
The individual, the Personnel Branch, educational institutions,
interviewers, evaluators, references, previous employers, and
supervisors.
Security classification:
None.
System location:
Records are authorized to be maintained for current and former NLRB
employees in all Agency offices. See the attached appendix for the
addresses of these offices.
Categories of individuals covered by the system:
Current and former nonprofessional employees and nonlegal
professional employees of the Agency.
Categories of records in the system:
Records may include copies of employment applications, educational
transcripts, resumes, employment interview reports, evaluation
reports, career development appraisals, recommendations concerning
promotion, copies of personnel records, correspondence, memoranda,
and other information relevant thereto.
Authority for maintenance of the system:
5 U.S.C. 4301 et seq.; 29 U.S.C. 153(d), 154, 159, 160.
Purpose(s):
These records document employee actions and performance appraisals.
These records, or information therefrom, are disclosed to:
1. Agency officials and employees who have a need for the records or
information to evaluate job performance, developmental needs,
potential within the Agency, and readiness for promotion.
2. Individuals who have a need for the information in connection
with the processing of a grievance, appeal, or complaint. Wherever
feasible, such information shall be furnished in depersonalized
form, i.e., without personal identifiers.
3. A congressional office in response to an inquiry from the
congressional office made at the request of the subject individual.
4. Officials of labor organizations recognized under Pub. L. 95-454,
when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Wherever feasible
and consistent with responsibilities under the Act, such information
shall be furnished in depersonalized form, i.e., without personal
identifiers.
5. The appropriate agency, whether Federal, State, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto, or to any agency in connection with its
oversight review responsibility.
6. 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, (c) any employee of the Agency in
his or her individual capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
7. A court or other adjudicative body before 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on paper including forms, letters, and memoranda, and on
magnetic disks.
Retrievability:
Alphabetically by name:
Safeguards:
Maintained in file cabinets. During duty hours cabinets are under
the surveillance of personnel charged with custody of the records,
and after duty hours are behind locked doors. Access is limited to
personnel having a need for access to perform their official
functions. Data captured on magnetic disks are limited to those with
access codes and are stored in a locked room during and after duty
hours.
Retention and disposal:
Retained in accordance with applicable General Records Schedules
issued by the National Archives and Records Administration.
System manager(s) and address:
See the attached appendix for the titles and addresses of officials
responsible for this system at their locations.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
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
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(h).
Record source categories:
The individual, the Personnel Branch, professional employees,
educational institutions, interviewers, evaluators, references and
previous employers.
Security classification:
None.
System location:
Records are authorized to be maintained for current and former NLRB
employees in all Agency offices. See the attached appendix for the
addresses of these offices.
Categories of individuals covered by the system:
Current and former employees of the Agency.
Categories of records in the system:
Records may include formal or informal grievances, appeals, and
complaints, together with information and documents related thereto;
letters or notices to the individual; records of hearings when
conducted; material placed in the file to support or contradict the
decision or determination on such grievance, appeal, or compliant;
affidavits or statements; testimonies of witnesses; investigative
reports; related correspondence and recommendations; and records on
court proceedings, arbitration, or subsequent litigation.
Authority for maintenance of the system:
5. U.S.C. 7101 et seq.; 5 U.S.C. 7501 et seq.; 5 U.S.C. 7701 et
seq.; 29 U.S.C. 153(d), 154.
Purpose(s):
These records document the employee grievance process within the
NLRB, and also contain material gathered and used in representing
the Agency in other appeals, complaints, and litigation.
The records, or information therefrom, are disclosed to:
1. Agency officials and employees who have a need for the records or
information in the performance of their duties.
2. Individuals who have a need for the information in connection
with the processing of a grievance, appeal, or complaint. Wherever
feasible, such information shall be furnished in depersonalized
form, i.e., without personal identifiers.
3. An arbitrator for use in arbitrating a grievance or complaint.
4. 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, (c) any employee of the Agency in
his or her individual capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
5. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
6. Officials of labor organizations recognized under Pub. L. 95-454,
when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Wherever feasible
and consistent with responsibilities under the Act, such information
shall be furnished in depersonalized form, i.e., without personal
identifiers.
7. A congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the subject individual.
8. The appropriate Federal (including offices of Inspector General),
State, or local government agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation,
or order, where the Agency becomes aware of an indication of a
violation or potential violation of civil or criminal law or
regulation.
9. Individuals making general requests for statistical information
(without personal identification of individuals).
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on forms, documents, letters, memoranda, and other
similar papers.
Retrievability:
Alphabetically by name of individual or party filing a grievance,
claim, or complaint.
Safeguards:
Access to and use of the records are limited to those persons whose
official duties require such access until the records are required
to be made public in support of an Agency action or position. These
records are maintained in file cabinets which during duty hours are
under the surveillance of personnel charged with custody of the
records and after duty hours are behind locked doors.
Retention and disposal:
Placed in inactive file when case is closed. Destroyed 3 years after
the end of the fiscal year in which the case is closed.
System manager(s) and address:
1. To those employees under supervision of the General Counsel--
Deputy General Counsel, NLRB, 1717 Pennsylvania Avenue, NW,
Washington, DC 20570.
2. To those employees under supervision of the Board--Deputy
Executive Secretary, NLRB, 1717 Pennsylvania Avenue, NW, Washington,
DC 20570.
See the attached appendix for titles and addresses of officials
responsible for this system at their locations.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
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
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(h).
Record source categories:
Information in this system is obtained from the individual to whom
the record pertains; Agency officials; affidavits, statements, and
record testimony of individuals; and other documents and memoranda
relating to the grievance, appeal, or complaint.
Security classification:
None.
System location:
Personnel Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC
20570.
Categories of individuals covered by the system:
Current NLRB employees participating in Agency-sponsored health
maintenance programs, such as diabetes tests, glaucoma tests, vision
tests, blood donor program, and similar programs.
Categories of records in the system:
Records may involve recorded information on individual's names and
dates of participation in health maintenance programs, and the name
of the screening program in which participated. Also, for blood
donor program, contains social security number, sex, donor
identification number, home address and telephone, date of last
donation, medications being taken, blood type, whether accepted or
deferred as donor, and information relevant to the above.
Authority for maintenance of the system:
5 U.S.C. 7901; 29 U.S.C. 153(a) and (d), 154.
Purpose(s):
These records document employee participation in the NLRB health
maintenance programs such as screening and blood donor programs.
These records, or information therefrom, are disclosed to:
1. Agency officials and employees working with the program who have
a need for the records or information:
a. The administration of voluntary health maintenance programs.
b. As a data source for production of summary descriptive statistics
and analytical studies in support of the function for which the
records are collected and maintained (without personal
identification of individuals).
2. Individuals making general requests for statistical information
(without personal identification of individuals).
3. The American Red Cross insofar as the records or information
pertain to the blood donor program.
4. The U.S. Department of Health and Human Services in the
administration of public health service programs.
5. A congressional office in response to an inquiry from the
congressional office made at the request of the subject individual.
6. 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, (c) any employee of the Agency in
his or her individual capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
7. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on logs, forms, and other papers.
Retrievability:
By program name and within each program alphabetically by name.
Safeguards:
Maintained in file safe within the office of the Personnel Branch.
File safe remains locked except during access to records. During
duty hours, file safe is under the surveillance of personnel charged
with the custody of the records, and after duty hours is behind
locked doors. Combination is known only to designated members of the
Personnel Branch. Access is limited to personnel who have a need for
access to perform their official functions.
Retention and disposal:
Retained for 6 years after last entry.
System manager(s) and address:
Chief, Special Programs and Services Unit, Personnel Branch, Room
533, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.177(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117(f).
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 in accordance with the procedures set forth in 29 CFR
102.117(h).
Record source categories:
Information submitted by individual; officials of the servicing
health units; and American Red Cross.
Security classification:
None.
System location:
Personnel Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC
20570. Each Washington and Field Office is authorized to maintain
copies of records in this system. See the attached appendix for
addresses of the Washington and Field Offices.
Categories of individuals covered by the system:
Current and former NLRB employees who have reported a work-related
injury or illness.
Categories of records in the system:
Records may include information pertaining to the complete history
of the employee's occupational injury or illness, including any
doctors' or investigative reports submitted, and the disposition of
claims for compensation filed under the Federal Employees
Compensation Act and information relative thereto.
Authority for maintenance of the system:
5 U.S.C. 7901; 5 U.S.C. 8101 et seq.; 29 U.S.C. 153(a) and (d), 154.
Purpose(s):
These records document the processing of claims filed by NLRB
employees for compensation based on an occupational injury or
illness.
These records, or information therefrom, are disclosed to:
1. Agency officials and employees who have a need for the records or
information:
a. In processing reports of occupational injury or illness and
claims for compensation under the Federal Employees Compensation
Act.
b. As a data source for management information for production of
summary descriptive statistics and analytical studies in support of
the function for which the records are collected and maintained, or
for related personnel management functions or manpower studies.
2. Individuals making general requests for statistical information
(without personal identification of individuals).
3. 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, (c) any employee of the Agency in
his or her individual capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
4. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
5. The U.S. Department of Health and Human Services in the
administration of public health service programs.
6. Investigator utilized by the Agency to obtain information
relevant to a claim arising under the Federal Employees Compensation
Act.
7. The appropriate agency, whether Federal, State, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto, or to any agency in connection with its
oversight review responsibility.
8. A congressional office in response to an inquiry from the
congressional office made at the request of the subject individual.
9. Officials of labor organizations recognized under Pub. L. 95-454,
when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Wherever feasible
and consistent with responsibilities under the Act, such information
shall be furnished in depersonalized form, i.e., without personal
identifiers.
10. Individuals who need the information in connection with the
processing of an appeal, grievance or complaint. Whenever feasible
such information shall be furnished in depersonalized form, i.e.,
without personal identifiers.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on forms and related correspondence.
Retrievability:
Alphabetically by name.
Safeguards:
Maintained in locked filing cabinet within the Personnel Branch.
Filing cabinet remains locked except during access. During duty
hours filing cabinet is under surveillance of personnel charged with
the custody of the records, and after duty hours is behind locked
doors. Access is limited to personnel who have a need for access to
perform their official functions.
Retention and disposal:
Retain and dispose of in accordance with the General Records
Schedules issued by the National Archives and Records
Administration.
System manager(s) and address:
Chief, Special Programs and Services Unit, Personnel Branch, Room
533, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117(f).
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 in accordance with the procedures set forth in 29 CFR
102.117(h).
Record source categories:
Forms completed by the employee; witnesses; investigators;
employee's supervisor; claims examiners of the U.S. Department of
Labor; and doctors' statements, if any.
Payroll/Personnel Records.
Security classification:
None.
System location:
Personnel Branch, National Labor Relations Board, 1099 14th Street,
NW, Washington, DC 20570-0001. Each Washington and field office
maintains a copy of time and attendance records for current
employees in its office, and is authorized to maintain such records
on former employees of that office. See the attached appendix for
addresses of these offices.
Inactive records are stored at the appropriate Federal records
center in accordance with provisions of applicable General Records
Schedules issued by National Archives and Records Administration.
Categories of individuals covered by the system:
Current and former NLRB employees.
Categories of records in the system:
Records may include employee's name, previous name if any, home
address, date of birth, social security number, sex, race, time and
attendance records, and employment histories, including prolonged
leave without pay and monetary contributions to a retirement fund or
thrift-savings plan made during employment and information relevant
thereto. In addition, these records may also include:
A. Employment Payroll Records: These are magnetic tape and
microfiche records containing information on current and former pay
and leave status for individuals serviced by the automated payroll/
personnel system.
B. Employee Pay Records: These are magnetic tape, microfiche, and
individual paper folders containing information on savings bond
deductions, savings account allotments, charitable contributions,
child support and alimony, and Federal and state tax exemption
certificates. The individual paper folders contain source documents,
correspondence, and other papers in support of an active employee's
pay and other allowances requested by the employee.
C. History of Earnings and Time and Attendance Records: These are
paper copies and microfiche records containing information on
earnings, time and attendance, leave, and other pay-related
activities.
D. Copies of Retirement Records: These are copies of Individual
Retirement Records, Civil Service Retirement (SF-2806) or the
Federal Employees Retirement System (SF-3100) from the former
payroll systems. These records will be used to update employees'
records in cases of retroactive adjustments.
E. Former Employee Pay Records: These records are the employee pay
records (A and C, above) for employees who have been separated,
transferred, or retired. In addition to information contained in the
Employee Pay Records, they include information related to
retirement, separation or transfer, time and attendance, and leave.
These records are destroyed after separation in accordance with the
NARA General Records Schedule.
F. Unemployment Records: These records are the Unemployment
Compensation Records for separated employees who seek unemployment
benefits. They are maintained in a separate file.
G. Returned Check Records: These records are a manual log for
recording and controlling checks issued to employees that were
returned to the Agency because they were undelivered, erroneous, or
canceled prior to conversion to cash.
H. Indebtedness Records: These records include source documents,
correspondence, and other papers containing information regarding
the Government's claims of debt against individuals covered by the
system. These records are supplemented by hard copy or electronic
records necessary to establish the identity and address of the
individuals, including in certain cases, the taxpayer's mailing
address provided by the Internal Revenue Service.
Authority for maintenance of the system:
The Agency head is responsible for establishing and maintaining an
adequate payroll system, covering pay, leave, time and attendance,
and allowances, in accordance with 5 U.S.C. 8301, 29 U.S.C. 153(a)
and (d), 154; the Debt Collection Act of 1982 and 49 FR 27470
(salary offset provisions published 7/3/84) and 5 U.S.C. 8501-8508,
Unemployment Compensation for Federal employees, the Debt Collection
Improvement Act of 1996, and the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996 Pub. L. 104-193,
316(f) codified at 42 U.S.C. 653.
Purpose(s):
These records document the payroll process as it relates to current
and former NLRB employees, and are used to support various fiscal
and personnel functions.
The records or information contained therein may be disclosed to:
1. Individuals who need the information in connection with the
processing of an appeal, grievance, or complaint.
2. The U.S. Department of Agriculture, National Finance Center.
3. The Office of Personnel Management concerning pay and benefits
for administering the Civil Service/Federal Employees Retirement
Systems, and other information necessary for the office to carry out
its Government-wide personnel management functions.
4. State and local authorities for the purpose of verifying tax
collections, unemployment compensation claims, and administering
public assistance programs.
5. The U.S. Department of Health and Human Services for the
administration of the social security program.
6. The U.S. General Accounting Office for audit purposes.
7. Other agencies, offices, establishments, and authorities, whether
Federal, State, or local, authorized or charged with the
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative or regulatory in nature, and
whether arising by general statute or particular program statute, or
by regulation, rule, or order issued pursuant thereto.
8. 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 records are
maintained.
9. An arbitrator to resolve disputes under a negotiated grievance
arbitration procedure.
10. Officials of labor organizations recognized under 5 U.S.C.
chapter 71, when disclosure is not prohibited by law; and the data
is normally maintained by the Agency in the regular course of
business and is reasonably available and necessary for full and
proper discussion, understanding and negotiation of subjects within
the scope of collective bargaining. The forgoing shall have the
identical meaning as 5 U.S.C. 7114(b)(4) as interpreted by the FLRA
and the courts.
11. The Department of Justice for use in litigation when either: (a)
The NLRB or any component thereof: (b) an employee of the NLRB in
his or her official capacity; (c) any employee of the NLRB in his or
her individual capacity, where the Department of Justice has agreed
to represent the employee; or (d) the United States Government where
the NLRB determines that litigation is likely to affect the NLRB or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the NLRB to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
12. A court, magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof; or (b) any employee of the NLRB in his or her
official capacity; or (c) any employee of the NLRB in his or her
individual capacity where the NLRB has agreed to represent the
employee; or (d) the United States Government is a party to
litigation or has interest in such litigation, and determines that
such disclosure is relevant and necessary to the litigation and that
the use of such records is therefore deemed by the NLRB to be for a
purpose that is compatible with the purpose for which the records
were collected.
13. The U.S. Treasury Department for payroll purposes.
14. Names, social security numbers, home addresses, dates of birth,
dates of hire, quarterly earnings, employer identifying information,
and State of hire of employees may be disclosed to the Office of
Child Support Enforcement, Administration for Children and Families,
Department of Health and Human Services for the purpose of locating
individuals to establish paternity, establishing and modifying
orders of child support, identifying sources of income, and for
other child support enforcement actions required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
(Welfare Reform law, Pub. L. 104-193).
Disclosure to consumer reporting agencies:
None.
Policies for storing, retrieving, accessing, retaining, and
disposing of records in the system:
Storage:
Records are maintained in file folders, on employment history cards,
on microfiche, on computer disks and diskettes, on magnetic computer
tapes, and on computer printouts.
Retrievability:
Records are retrievable alphabetically by individual name and/or
personal identifier (social security number).
Safeguards:
Maintained in file cabinets within the Payroll/Personnel Systems
Unit. During duty hours, file cabinets are under surveillance of
personnel charged with custody of the records, and after duty hours,
records are behind locked doors. Computer records can be accessed
only through use of confidential procedures and passwords. Access is
limited to personnel who have a need for access to perform their
official functions.
Retention and disposal:
Files are disposed of according to applicable provisions of the
General Records Schedules issued by the National Archives and
Records Administration, and with General Accounting Office approval.
Microfilm, magnetic strip ledgers, and microfiche are maintained for
56 years after the date of last entry, GRS 2.1.
System manager(s) and address:
Director of Personnel, NLRB, 1099 14th St., NW., Washington, DC
20570-1000. (See the attached appendix for the titles and addresses
of officials of other locations responsible for this system at their
locations.)
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to her or him by directing a request to the system
manager in accordance with the procedures set forth in 29 CFR
102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to her or him should contact the appropriate manager in
accordance with the procedures set forth in 29 CFR 102.117 (g) and
(h).
Contesting record procedure:
An individual may request amendment of a record pertaining to such
individual maintained in this system by directing a request to the
appropriate system manager in accordance with procedures set forth
in 29 CFR 102.117(i).
Record source categories:
Personnel Branch, timekeepers, supervisors, and National Finance
Center.
Systems exempted from certain provisions of the act:
None.
Appendix
Names and Addresses of NLRB Offices referenced in Notice of
Records System shown below.
NLRB Headquarters Offices: 1099 14th Street, NW, Washington, DC 20570-
0001
Offices of the Board
Members of the Board
Executive Secretary, Office of the Executive Secretary
Director, Office of Representation Appeals
Director, Division of Information
Solicitor
Inspector General, Office of Inspector General
Chief Administrative Law Judge, 1099 14th Street, NW, Room 5400
East, Washington, DC 20570-0001
Associate Chief Administrative Law Judge, San Francisco Judges, 901
Market Street, Suite 300, San Francisco, California 94103-1779
Associate Chief Administrative Law Judge, New York Judges, 120 West
45th Street, 11th Floor, New York, New York 10036-5503
Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree
Summit Building, 401 W. Peachtree Street, NW, Suite 1708, Atlanta,
Georgia 30308-3510
Offices of the General Counsel
General Counsel
Associate General Counsel, Division of Operations Management
Associate General Counsel, Division of Advice
Associate General Counsel, Division of Enforcement Litigation
Director, Division of Administration
Director, Equal Employment Opportunity
NLRB Field Offices
Regional Director, Region 1, Thomas P. O'Neal, Jr. Federal Office
Building, 10 Causeway Street, 6th Floor, Boston, Massachusetts
02222-1072
Regional Director, Region 2, Jacob K. Javits Federal Building, 26
Federal Plaza, Room 3614, New York, New York 10278-0104
Regional Director, Region 3, Thaddeus J. Dulski Federal Building,
111 West Huron Street, Room 901, Buffalo, New York 14202-2387
Resident Officer, Albany Resident Office, Leo W. O'Brien Federal
Building, Clinton Avenue at N. Pearl Street, Room 342, Albany, New
York 12207-2350
Regional Director, Region 4, One Independence Mall, 615 Chestnut
Street, 7th Floor, Philadelphia, Pennsylvania 19106-4404
Regional Director, Region 5, The Appraisers Store Building, 103
South Gay Street, 8th Floor, Baltimore, Maryland 21202-4026
Resident Officer, Franklin Court Building, 1099 14th Street, NW,
Suite 5530, Washington, DC 20570-0001
Regional Director, Region 6, William S. Moorehead Federal Building,
1000 Liberty Avenue, Room 1501, Pittsburgh, Pennsylvania 15222-4173
Regional Director, Region 7, Patrick V. McNamara Federal Building,
477 Michigan Avenue, Room 300, Detroit, Michigan 48226-2569
Resident Officer, Grand Rapids Resident Office, The Furniture
Company Building, 82 Ionia Northwest, Room 330, Grand Rapids,
Michigan 49503-3022
Regional Director, Region 8, Anthony J. Celebrezze Federal Building,
1240 East 9th Street, Room 1695, Cleveland, Ohio 44199-2086
Regional Director, Region 9, Federal Office Building, 550 Main
Street, Room 3003, Cincinnati, Ohio 45202-3271
Regional Director, Region 10, Harris Tower, 233 Peachtree Street,
NE, Suite 1000, Atlanta, Georgia 30303-1504
Resident Officer, The Burger-Phillips Center, 1900 3rd Avenue North,
Third Floor, Birmingham, Alabama 35203-3502
Regional Director, Region 11, Republic Square, Suite 200, 4035
University Parkway, Winston-Salem, North Carolina 27106-3325
Regional Director, Region 12, Enterprise Plaza, Suite 530, 201 East
Kennedy Boulevard, Tampa, Florida 33602-5824
Resident Officer, Jacksonville Resident Office, Federal Building,
400 West Bay Street, Room 214, Box 35091, Jacksonville, Florida
32202-4412
Resident Officer, Miami Resident Office, Federal Building, 51
Southwest 1st Avenue, Room 1320, Miami, Florida 33130-1608
Regional Director, Region 13, 200 West Adams Street, Suite 800,
Chicago, Illinois 60606-5208
Regional Director, Region 14, 1222 Spruce Street, Room 8.202, Saint
Louis, Missouri 63103-2829
Regional Director, Region 15, 1515 Poydras Street, Room 610, New
Orleans, Louisiana 70112-3723
Regional Director, Region 16, Federal Office Building, 819 Taylor
Street, Room 8A24, Fort Worth, Texas 76102-6178
Resident Officer, Houston Resident Office, 440 Louisiana Street,
Suite 550, Houston, Texas 77002-2649
Resident Officer, San Antonio Resident Office, 615 E. Houston
Street, Room 565, San Antonio, Texas 78205-2040
Resident Officer, El Paso Resident Office, PO Box 23159, El Paso,
Texas 79923-3159
Regional Director, Region 17, 8600 Farley Street, Suite 100,
Overland Park, Kansas 66212-4677
Resident Officer, Tulsa Resident Office, 224 South Boulder Avenue,
Room 316, Tulsa, Oklahoma 74103-4214
Regional Director, Region 18, Federal Building, 110 South 4th
Street, Room 234, Minneapolis, Minnesota 55401-2291
Resident Officer, Des Moines Resident Office, Federal Building, 210
Walnut Street, Room 439, Des Moines, Iowa 50309-2116
Regional Director, Region 19, Henry M. Jackson Federal Building, 915
Second Avenue, Room 2948, Seattle, Washington 98174-1078
Resident Officer, Anchorage Resident Office, Federal Office
Building, 222 West 7th Avenue, Box 21, Anchorage, Alaska 99513-3546
Officer in Charge, Subregion 36, 222 SW Columbia Street, Room 401,
Portland, Oregon 97201-6604
Regional Director, Region 20, 901 Market Street, Suite 400, San
Francisco, California 94103-1735
Officer in Charge, Subregion 37, Prince Kuhio Federal Building, 300
Ala Moana Boulevard, Room 7318, Honolulu, Hawaii 96850-4980
Regional Director, Region 21, 888 South Figueroa Street, 9th Floor,
Los Angeles, California 90017-5449
Resident Officer, San Diego Resident Office, Pacific Professional
Center, 555 West Beech Street, Suite 302, San Diego, California
92101-2939
Regional Director, Region 22, 20 Washington Place, 5th Floor,
Newark, New Jersey 07102-2570
Regional Director, Region 24, La Torre de Plaza, 525 F.D. Roosevelt
Avenue, Suite 1002, San Juan, Puerto Rico 00918-1002
Regional Director, Region 25, Minton-Capehart Federal Building, 575
North Pennsylvania Street, Room 238, Indianapolis, Indiana 46204-
1577
Region Director, Region 26, Mid-Memphis Tower Building, 1407 Union
Avenue, Suite 800, Memphis, Tennessee 38104-3627
Resident Officer, Little Rock Resident Office, TCBY Tower, 425 West
Capitol Avenue, Suite 375, Little Rock, Arkansas 72201-3489
Resident Officer, Nashville Resident Office, 810 Broadway, 3rd
Floor, Nashville, Tennessee 37203-3816
Regional Director, Region 27, Dominion Plaza, North Tower, 600 17th
Street, 7th Floor, Denver, Colorado 80202-5433
Regional Director, Region 28, Security Building, 234 North Central
Avenue, Suite 440 Phoenix, Arizona 85004-2212
Resident Officer, Albuquerque Resident Office, Western Bank Plaza,
505 Marquette Avenue, NW, Room 1820, Albuquerque, New Mexico 87102-
2181
Resident Officer, Las Vegas Resident Office, Alan Bible Federal
Building, 600 Las Vegas Boulevard South, Suite 400, Las Vegas,
Nevada 89101-6637
Regional Director, Region 29, One MetroTech Center, Jay Street and
Myrtle Avenue, 10th Floor, Brooklyn, New York 11201-4201
Regional Director, Region 30, Henry S. Reuss Federal Plaza, Suite
700, 310 West Wisconsin Avenue, Milwaukee, Wisconsin 53203-2211
Regional Director, Region 31, 11150 W. Olympic Boulevard, Suite 700,
Los Angeles, California 90064-1824
Regional Director, Region 32, Breuner Building, 2nd Floor, 1301 Clay
Street, Room 300N, Oakland, California 94612-5211
Regional Director, Region 33, Hamilton Square Building, Suite 200,
300 Hamilton Boulevard, Peoria, Illinois 61602-1246
Regional Director, Region 34, 1 Commercial Plaza, 21st Floor, Church
and Trumbull Street, Hartford, Connecticut 06103-3599
Security classification:
None.
System location:
Records are authorized to be maintained in all Field Offices of the
Agency, at the address listed in the attached appendix, and Office
of the General Counsel, NLRB, 1717 Pennsylvania Avenue, NW,
Washington, DC 20570.
Categories of individuals covered by the system:
Persons who have sought assistance regarding possible institution of
an unfair labor practice, representation, or other civil action or
proceeding before the National Labor Relations Board.
Categories of records in the system:
Records may include file memoranda detailing the substance of oral
communications; letters of inquiry and responses thereto;
information relating to an individual's employment history, job
performance, earnings, home address, telephone number, union
activity; or other information relevant to a potential action or
proceeding before the National Labor Relations Board.
Authority for maintenance of the system:
29 U.S.C. 158-169.
Purpose(s):
These records document the processing of preliminary inquiries
regarding potential unfair labor practices, representation, or other
civil action or proceeding before the NLRB, or representation case
issues.
These records, or information therefrom, are disclosed to:
1. Agency officials and employees who have a need for the records or
information in the processing of cases before the Agency.
2. The appropriate agency, whether Federal, State, or local, charged
with the responsibility of investigating or prosecuting a violation
or charged with enforcing or implementing a statute, rule,
regulation, or order issued pursuant thereto, where there is an
indication of a violation or potential violation of law, whether
civil, criminal, or regulatory in nature.
3. A congressional office in response to an inquiry from the
congressional office made a request of the subject individual.
4. The Department of Justice for use in litigation when either (a)
the Agency or any component thereof, (b) any employee or Agency in
his or her official capacity, (c) any employee of the Agency in his
or her individual capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
5. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on paper in file folders.
Retrievability:
Alphabetically by name.
Safeguards:
Maintained in file cabinets in the nonpublic area of the office
under the immediate control of the System Manager. During duty hours
cabinets are under surveillance of personnel charged with custody of
the records and after duty hours are behind locked doors.
Retention and disposal:
In the event a civil action or proceeding is instituted prior to the
record being destroyed, the record is placed in the case file which
is not indexed by the name of the individual. In the event no action
or proceeding is instituted, the records are destroyed when 1 year
old.
System manager(s) and address:
General Counsel, NLRB, 1717 Pennsylvania Avenue NW, Washington, DC
20570. See the attached appendix for titles and addresses of
officials responsible for this system at their locations.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
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
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(h).
Record source categories:
Individual who seeks assistance.
Security classification:
None.
System location:
Current records are maintained in:
Financial Management Branch, NLRB, 1717 Pennsylvania Avenue NW,
Washington, DC 20570. Each Washington and Field Office maintains a
copy of time and attendance records for current employees in that
office, and is authorized to retain such records on former employees
of that office. See the attached appendix for addresses of these
offices.
Inactive records are stored at the appropriate Federal records
center in accordance with provisions of applicable General Records
Schedules issued by the General Service Administration.
Categories of individuals covered by the system:
Current and former employees of the Agency.
Categories of records in the system:
Records may include name; home address; organizational unit number,
payroll identification number; entrance-on-duty date; time worked,
including regular hours, overtime, compensatory time, and premium
pay status; leave earned and used; absences without leave; and
doctors' certificates, when required.
Authority for maintenance of the system:
5 U.S.C. 6101 et seq.; 5 U.S.C. 6301 et seq.; 29 U.S.C. 153 (a) and
(d), 154.
Purpose(s):
These records document various pay and pesonnel functions, including
the hours of work performed by employees.
These records, or information therefrom, are disclosed to:
1. Agency officials and employees who have a need for the records or
information:
a. In the compilation of biweekly payrolls.
b. To maintain leave accounts.
c. As a data source for management information for production of
summary descriptive statistics and analytical studies in support of
the function for which the records are collected and maintained, or
for related personnel management functions or manpower studies.
2. Individuals making general requests for statistical information
(without personal identification of individuals).
3. Another Federal Government agency in connection with the transfer
of an NLRB employee to that agency.
4. The Office of Personnel Management for administering the Civil
Service Retirement System.
5. The U.S. General Accounting Office for audit purposes.
6. Another Government agency or private organization in connection
with an agreement under the Intergovernmental Personnel Act.
7. The U.S. Treasury Department for payroll purposes.
8. The appropriate agency, whether Federal, State, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulations, or order
issued pursuant thereto, or to any agency in connection with its
oversight review responsibility.
9. A congressional office in response to an inquiry from the
congressional office made at the request of the subject individual.
10. Individuals who have a need for the information in connection
with the processing of an appeal, grievance, or complaint. Wherever
feasible, such information shall be furnished in depersonalized
form, i.e., without personal identifiers.
11. Officials of labor organizations recognized under Public Law 95-
454, when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Wherever feasible
and consistent with responsibilities under the Act, such information
shall be furnished in depersonalized form, i.e., without personal
identifiers.
12. 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, (c) any employee of the Agency in
his or her individual capacity where the Department of Justice has
agreed to represent the employee or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
13. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on Form TDF 10-11.H-1, H-2, and H-3 and related forms and
papers, and on microfilm/microfiche.
Retrievability:
Chronologically by year, and within each year by organizational
unit, and within each unit by social security number or by employee
name.
Safeguards:
Original source documents or copies thereof are maintained in file
cabinets. Microfilm/microfiche is maintained in locked fireproof
metal cabinets. During duty hours, cabinets are under surveillance
of personnel charged with custody of the records, and after duty
hours are behind locked doors. Access is limited to personnel having
a need for access to perform their official functions.
Retention and disposal:
Destroyed after GAO audit or when 3 years old, whichever is sooner.
System manager(s) and address:
Finance Officer, NLRB, 1717 Pennsylvania Avenue NW, Washington, DC
20570. See the attached appendix for the titles and addresses of
officials at other locations responsible for this system at their
locations.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate Manager in
accordance with the procedures set forth in 29 CFR 102.117(f).
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
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(h).
Record source categories:
Individual to whom the record pertains, timekeeper or supervisor,
doctors' statements.
Security classification:
None.
System location:
Management and Information Systems Branch, NLRB, 1717 Pennsylvania
Avenue, NW, Washington, DC 20570. Office of Equal Employment
Opportunity, NLRB, 1717 Pennsylvania, Avenue, NW, Washington, DC
20570.
Categories of individuals covered by the system:
Current and former NLRB employees.
Categories of records in the system:
Records may include information such as employee name, social
security number, Minority Group Designator (MGD) Code, employment
status, sex, date of birth, payroll block and unit number, pay plan,
grade and step, entrance-on-duty date, and date of last promotion,
date of last quality step increase, organizational unit, employment
class, and date of separation.
Authority for maintenance of the system:
29 CFR part 1613; 29 U.S.C. 153(a) and (d), 154.
Purpose(s):
These records document the implementation of the NLRB Equal
Employment Opportunity Program.
These records, or information therefrom are disclosed to:
1. Agency officials and employees who have a need for the record or
information:
a. In monitoring and evaluating the status and progress of minority/
female employment.
b. As a data source for management information for production of
summary descriptive statistics and analytical studies in support of
the Agency's EEO Program (without personal identification of
individuals).
c. In connection with the investigation, processing, adjudication
and/or settlement of an EEO complaint or civil action.
2. Individuals making general requests for statistical information
(without personal identification of individuals).
3. A congressional office in response to an inquiry from the
congressional office made at the request of the subject individual.
4. The appropriate agency, whether Federal, State, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto, or to any agency in connection with its
oversight review responsibility.
5. Officials of labor organizations recognized under Public Law 95-
454, when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Wherever feasible
and consistent with responsibilities under the Act, such information
shall be furnished in depersonalized form, i.e., without personal
identifiers.
6. Individuals who have a need for the information in connection
with the processing of an appeal, grievance, or complaint. Wherever
feasible, such information shall be furnished in depersonalized
form, i.e., without personal identifiers.
7. 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, (c) any employee of the Agency in
his or her individual capactiy where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
8. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained on computer disk file and magnetic tape backup.
Retrievability:
By social security account number, alphabetically by name, or by
employee's organizational unit or post of duty.
Safeguards:
All doors to the computer room have combination locks and during
duty hours the computer and magnetic tape backup are under
surveillance of Agency personnel charged with custody of the
records. After duty hours the computer disk file and magnetic tape
backup are stored in a fireproof safe behind locked doors. Access is
limited to authorized personnel only. All format programs are
password protected and use of the machines for information printouts
is restricted to designated personnel.
Information printouts are maintained in file cabinets. During duty
hours cabinets are under surveillance of office personnel charged
with custody of the printouts and after duty hours are behind locked
doors. Access to cabinets is limited to personnel having a need for
access to perform their official functions.
Retention and disposal:
The information in these records is updated as changes in the data
elements occur. The files and information printouts are disposed of
according to applicable provisions of the General Records Schedules
issued by the National Archives and Records Administration.
System manager(s) and address:
Director, Equal Employment Opportunity, NLRB, 1717 Pennsylvania
Avenue, NW, Washington, DC 20570.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117(f).
Contesting record procedures:
Any individual may request amendment of a record pertaining to such
individual maintained in this system by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117(h).
Record source categories:
Information in this system is obtained from the individual to whom
the record pertains, Agency officials, and from personnel records.
Security classification:
None.
System location:
Personnel Branch, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC
20570.
Categories of individuals covered by the system:
Current and former NLRB employees who have been counseled or
otherwise treated for alcohol or drug abuse or for personal or
emotional health problems.
Categories of records in the system:
Records in this system include documentation of visits to employee
counselors, psychologists, and physicians (Federal, State, local
government, or private) and the assessment, diagnosis, recommended
treatment, results of treatment, and other notes or records of
discussions held with the employee, as well as family members of the
employee, which may be made by the counselor. Additionally, records
in this system may include documentation of treatment by a private
therapist or a therapist at a Federal, State, local government, or
private institution.
Authority for maintenance of the system:
5 U.S.C. 7901; 21 U.S.C. 1101 et seq.; 29 U.S.C. 153 (a) and (d),
154.
Purpose(s):
These records are used to document the nature of the individual's
problem and progress and to record an individual's participation in
and the results of community or private sector treatment or
rehabilitation programs.
These records and information in these records may be disclosed to:
1. The Department of Justice for use in litigation when either (a)
the Agency or any component thereof, or (b) any employee of the
Agency in his or her official capacity, or (c) any employee of the
Agency in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (d) the United
States where the Agency determines that litigation is likely to
affect the Agency or any of its components, is a party to litigation
or has an interest in such litigation, and the use of such records
by the Department of Justice is deemed by the Agency to be relevant
and necessary to the litigation, provided that in each case the
Agency determines that disclosure of the records to the Department
of Justice is a use of the information contained in the records that
is compatible with the purpose for which the records were collected.
2. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
3. Qualified personnel for the purpose of conducting scientific
research, management audits, financial audits, or program
evaluation, but such personnel may not identify, directly or
indirectly, any individual patient identities in any manner (when
such records are provided to qualified researchers employed or
contracted by the Agency, all patient identifying information shall
be removed).
Note: Disclosure of these records beyond officials of the Agency
having a bona fide need for them or to the person to whom they
pertain, is rarely made as disclosures of information pertaining to
an individual with a history of alcohol or drug abuse must be
limited in compliance with the restriction of the Confidentiality of
Alcohol and Drug Abuse Patient Records regulations, 42 CFR part 2.
Records pertaining to the physical and mental fitness of employees
are, as a matter of Agency policy, afforded the same degree of
confidentiality and are generally not disclosed.
Disclosure to consumer reporting agencies:
None.
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 name of the individual on whom
they are maintained.
Safeguards:
These records are maintained in locked file cabinets labeled
confidential with access strictly limited to employees directly
involved in the Agency's Employee Assistance Program.
Retention and disposal:
Files are destroyed 3 years after termination of counseling. The
records are destroyed by shredding.
System manager(s) and address:
Chief, Special Programs and Services Unit, Personnel Branch, Room
533, NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117(f).
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 in accordance with the procedures set forth in 29 CFR
102.117(h).
Record source categories:
Information in this system of records comes from the individual to
whom it applies, the supervisor of the individual if the individual
was referred by the supervisor, the Employee Assistance Program
Coordinator, or staff member whom records the counseling session,
and therapists or institutions providing treatment.
Security classification:
None.
System location:
Office of contractors of the Agency.
Categories of individuals covered by the system:
Individuals sought by the Agency for purpose of effecting compliance
with the National Labor Relations Act and Board Orders and court
decrees issued thereunder.
Categories of records in the system:
Records consist of investigative reports on efforts to trace
individuals, entities, and assets, and include copies of interview
reports, public documents, and certain confidential data gathered.
Authority for maintenance of the system:
5 U.S.C. 552a(m)(1) and 29 U.S.C. 153(d) and 160.
Purpose(s):
These records are used to effect compliance with the National Labor
Relations Act and Board Orders and court decrees issued thereunder.
These records and information in these records may be used in
disclosing information to:
1. A congressional office in response to an inquiry from
congressional office made at the request of the subject individual.
2. 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 his or her official
capacity, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States, where the Agency determines that litigation
is likely to affect the Agency or any of its components, is a party
to litigation or has interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
3. The Department of Justice for use in litigation when either (a)
the Agency, or any component thereof, (b) any employee of the Agency
is his or her official capacity, (c) any employee of the Agency in
his or her individual capacity, where the Department of Justice has
agreed to represent the employee, or (d) the United States, where
the Agency determines that litigation is likely to affect the Agency
or any of its components, is a party to litigation or has an
interest in such litigation, and the use of such records by the
Department of Justice is deemed by the Agency to be relevant and
necessary to the litigation, provided that in each case the Agency
determines that disclosure of the records to the Department of
Justice is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
4. The appropriate agency, whether Federal, State, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto or to any agency in connection with its
oversight review responsibility.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records are kept in file holders in locked filing cabinets in
offices of contractors of the Agency. Automated information storage
and retrieval systems may also be used by individual contractors.
Retrievability:
Records are maintained alphabetically by name, or may be retrieved
by other personal identifier.
Safeguards:
Access to and use of the records is limited to authorized persons on
a need-to-know basis.
Retention and disposal:
The records are retained by the contractor for no more than 3 years
after the case is closed, and are destroyed upon notification from
the Agency.
System manager(s) and address:
Assistant General Counsel, Contempt Litigation Branch, Division of
Enforcement Litigation, National Labor Relations Board, Room 923,
1717 Pennsylvania Avenue, NW, Washington, DC 20570.
Notification procedure:
An individual may inquire as to whether this system contains a
record pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(e).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.11(f).
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 in accordance with the procedures set forth in 29 CFR
102.117(h).
Record source categories:
Public records, state, and local law enforcement authorities, third
party informants, and Agency personnel.
Security classification:
None.
System location:
Division of Administration, Security Staff, National Labor Relations
Board, 1717 Pennsylvania Avenue NW, Washington, DC 20570.
Categories of individuals covered by the system:
Current and former NLRB employees and applicants for employment with
the NLRB.
Categories of records in the system:
This system contains active and inactive personnel security files on
current employees, former employees, and applicants including
Federal agency name checks, police checks, and other relevant
inquiries. Also, investigative summaries reflecting the reasoning
behind suitability recommendations, security data cards, NLRB
identification cards, and employee photographs are included.
Note: Copies of investigative information regarding an individual
that were created by the Office of Personnel Management, the FBI,
the Department of the Army, or other agencies that provide NLRB with
information on a restricted basis under their authorities remain the
property of those agencies and requests regarding such material must
be directed to them.
Authority for maintenance of the system:
E.O. 10450; 5 U.S.C. 3301; Federal Personnel Manual, Chapter 732;
and NLRB Administrative Policies and Procedures Manual, Title 6,
Sections 2620-42.
Purpose(s):
These records are used by the NLRB Security Staff for administrative
reference in determining suitability for initial and continuing
employment.
The records or information therefrom are disclosed to:
1. NLRB officials to make a determination that the employment of an
applicant or retention of employment of a current employee within
the NLRB is clearly consistent with the interest of national
security.
2. The appropriate agency, whether Federal, state, or local, where
there is an indication of a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, charged with the
responsibility of investigating or prosecuting such violation or
enforcing or implementing the statute, rule, regulation, or order
issued pursuant thereto, or to any agency in connection with its
oversight review responsibility.
3. A Federal, state, or local agency maintaining civil, criminal, or
other relevant enforcement information if necessary to obtain
information relevant to an NLRB decision concerning the hiring or
retention of an employee, or the issuance of a security clearance.
4. A Federal agency in response to its request in connection with
the hiring or retention of an employee or the issuance of a security
clearance, to the extent that the information is relevant and
necessary to the requesting agency's decisions on that matter.
5. A congressional office in response to an inquiry from the
congressional office made at the request of the subject individual.
6. 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, (c) any employee of the Agency in his or her individual
capacity, where the Agency has agreed to represent the employee, or
(d) the United States where the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the Agency
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
7. 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, (c) any employee of the Agency in
his or her individual capacity where the Department of Justice has
agreed to represent the employee, or (d) the United States where the
Agency determines that litigation is likely to affect the Agency or
any of its components, is a party to litigation or has an interest
in such litigation, and the use of such records by the Department of
Justice is deemed by the Agency to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records on current employees and applicants are maintained in file
folders and on index cards.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Records are maintained in combination safes in the personnel
security officer's custody and access is limited to the personnel
security officer and his duly authorized representatives.
Retention and disposal:
The files are disposed of according to applicable provisions of the
General Records Schedules issued by the National Archives and
Records Administration.
System manager(s) and address:
Security Officer, National Labor Relations Board, 1717 Pennsylvania
Avenue NW, Washington, DC 20570.
Notification procedure:
An individual may inquire whether this system contains a record
pertaining to him or her by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117(g).
Current NLRB employees employed in bargaining units covered by a
collective-bargaining agreement should refer to the applicable
provisions of that agreement.
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 in accordance with the procedures set forth in 29 CFR
102.117(i).
Record source categories:
Office of Personnel Management and other Federal agencies, law
enforcement agencies, Security Officer, and individual involved.
Systems exempted from certain provisions of the act:
This system may contain investigatory material compiled for the
purpose of determining suitability, eligibility, or qualifications
regarding Federal civilian employment. The Privacy Act, at 5 U.S.C.
552a(k)(5), permits an agency to exempt such material from certain
provisions of the act. Materials may be exempted to the extent that
release of the material to the individual whom the information is
about would:
1. Reveal the identity of a source who furnished information to the
Government under an express promise (granted on or after September
27, 1975) that the identity of the source would be held in
confidence or
2. Reveal the identity of a source who, prior to September 27, 1975,
furnished information to the Government under an implied promise
that the identity of the source would be held in confidence.
The National Labor Relations Board has claimed these exemptions from
the requirements of 5 U.S.C. 552a(c)(3) and (d). These requirements
relate to providing an accounting of disclosures to the individual
whom the records are about and access to and amendment of records.
Security classification:
None.
System location:
Office of Inspector General, National Labor Relations Board, 1717
Pennsylvania Avenue, NW, Washington, DC 20570-0001.
Categories of individuals covered by the system:
Subject individuals include, but are not limited to, current and
former employees; contractors, subcontractors, their agents, or
employees; and others whose actions affect the NLRB, its programs,
and operations.
Categories of records in the system:
All correspondence relevant to the investigation; all internal staff
memoranda; copies of all subpoenas issued during the investigation;
affidavits, statements from witnesses, and transcripts of testimony
taken in the investigation and accompanying exhibits; documents and
records or copies obtained during the investigation; working papers
of the staff; other documents and records relating to the
investigations, and records relating to ``Hotline'' complaints.
Authority for maintenance of the system:
Pub. L. 95-452, as amended, 5 U.S.C. app. at 1184 (1988); 5 U.S.C.
552a.
Purpose(s):
These records are used by the Inspector General's Office in the
investigation of programs and operations of the National Labor
Relations Board pursuant to the Inspector General Act Amendments of
1988, 5 U.S.C. app. at 1184 (1988).
The records and information in these records may be disclosed to:
(1) Other agencies, offices, establishments, and authorities,
whether Federal, state, or local, authorized or charged with the
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative, or regulatory in nature,
and whether arising by general statute or particular program
statute, or by regulation, rule, or order pursuant thereto.
(2) Any source from which information is requested in the course of
an investigation, to the extent necessary to identify the
individual, inform the sorce of the nature and purpose of the
investigation, and to identify the type of information requested.
(3) Independent auditors or other private firms with which the
Office of Inspector General has contracted to carry out an
indpendent audit or noncriminal investigation, or to analyze,
collate, aggregate, or otherwise refine data collected in the system
of records. These contractors will be required to maintain Privacy
Act safeguards with respect to such records.
(4) 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, when the NLRB determines it is relevant and necessary
to the litigation.
(5) A court or other adjudicative body before which the NLRB is
authorized to appear, when either (a) the NLRB, or any component
thereof, (b) any employee of the NLRB in his or her official
capacity, (c) any employee of the NLRB in his or her individual
capacity, where the NLRB has agreed to represent the employee, or
(d) the United States, where the NLRB determines that litigation is
likely to affect the NLRB or any of it components, is a party to
litigation or has interest in such litigation, and the NLRB
determines that disclosure of the records to a court or other
adjudicative body is compatible with the purpose for which the
records were collected.
(6) The Department of Justice for use in litigation when either (a)
the NLRB, or any component thereof, (b) any employee of the NLRB in
his or her official capacity, (c) any employee of the NLRB in his or
her individual capacity, where the Department of Justice has agreed
to represent the employee, or (d) the United States, where the NLRB
determines that litigation is likely to affect the Agency or any of
its components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice
is deemed by the NLRB to be relevant and necessary to the
litigation, provided that in each case the NLRB determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
(7) 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 an individual about whom the record is
maintained. In such cases, the Member has no greater right to access
to the record than does the individual.
(8) The Department of Justice for the purpose of obtaining its
advice in the event that the NLRB concludes it is desirable or
necessary in determining whether particular records are required to
be disclosed under the Freedom of Information Act.
Disclosures to consumer reporting agencies:
Disclosures may be made from this system, pursuant to 5 U.S.C.
552a(b)(12), 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), in accordance with
3711(f) of title 31.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
The Office of Inspector General Investigative Files consist of paper
records maintained in files, records on computer disks and
diskettes, and records on computer tapes.
Retrievability:
The records are retrievable by case number and individual name.
Safeguards:
These records are only available to those persons whose official
duties require such access. The records are kept in a limited access
area during on duty hours. During off-duty hours they are kept
inside locked offices, in locked file cabinets, or in safes.
Computer records came be accessed only through use of confidential
procedures and passwords.
Retention and disposal:
As prescribed in General Records Schedules 22, Item 1b, OIG
Investigative Files are destroyed 10 years after a case is closed.
Cases that are unusually significant for documenting major
violations of criminal law or ethical standards are offered to the
National Archives for permanent retention.
System manager(s) and address:
Inspector General, Office of Inspector General, National Labor
Relations Board, 1717 Pennsylvania Avenue, NW, Washington, DC 20570-
0001.
Notification procedure:
The OIG Investigative Files are exempt pursuant to 5 U.S.C. 552a
(j)(2) and (k)(2); however, consideration will be given to requests
addressed to the system manager. The request should include the
individual's name and date of birth.
Record access procedure:
See ``Notification Procedures'' above. Requestors should specify the
record contents being sought. Under section 7(b) of the Inspector
General Act of 1978 (Pub. L. 95-452), the identity of an employee or
other personal source who makes a complaint or provides information
to the Office of the Inspector General (OIG) via the OIG ``Hotline''
is exempt from disclosure unless the Inspector General determines
such disclosure is unavoidable during the course of an
investigation.
Contesting record procedures:
Contact the system manager at the above address, and identify the
record, specify the information to be contested, and the corrective
action sought with supporting justification.
Record source categories:
The Office of Inspector General collects information from a wide
variety of sources, including information from the NLRB and other
Federal, state, and local agencies, witnesses, complainants and
other nongovernmental sources.
Systems exemptions from certain provisions of the act:
Pursuant to 5 U.S.C. 552a(j)(2), this system of records, to the
extent it consists of investigatory material compiled for criminal
law enforcement purposes, is exempted from all provisions of the
Privacy Act of 1974, 5 U.S.C. 552a, except subsections (b), (c) (1)
and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11),
and (i).
Pursuant to 5 U.S.C. 552a(k)(2), this system of records, to the
extent it consists of investigatory material compiled for law
enforcement purposes other than material within the scope of the
exemption at 5 U.S.C. 552a(j)(2), is exempted from the following
provisions of the Privacy Act of 1974, 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4) (G), (H), and (I), and (f).
These exemptions are contained in 29 CFR part 102.
Security classification:
None.
System location:
Records are authorized to be maintained for current and former NLRB
employees in all Agency offices. See the attached appendix for the
addresses of these offices.
Categories of individuals covered by the system:
All current and former employees (permanent, temporary, part or full
time) and all contractors, subcontractors, and consultants who make
long-distance calls and individuals who receive telephone calls
placed from or charged to Agency telephones.
Categories of records in the system:
Records relating to use of NLRB telephones to place long-distance
calls; records relating to long-distance telephone calls charged to
the Agency; records indicating assignment of telephone numbers and
authorized calling card numbers to employees, and records relating
to the location of telephones in the Agency.
Authority for maintenance of the system:
29 U.S.C. 153, 154, 155; 31 U.S.C. 1348(b); 44 U.S.C. 3101; 41 CFR
201-21.601; 5 U.S.C. 552a, and FIRMR Bulletin C-13, dated January
31, 1991.
Purpose(s):
These documents are used to support the certification that telephone
calls listed on call detail records were required for official
business.
These records and information in these records may be disclosed to:
1. 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.
(2) The General Services Administration and the National Archives
and Records Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
3. A court, a magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof; or (b) any employee of the NLRB in his or her
official capacity; or (c) any employee of the NLRB in his or her
individual capacity where the NLRB has agreed to represent the
employee; or (d) the United States Government, is a party to
litigation or has interest in such litigation, and determines that
such disclosure is relevant and necessary to the litigation and that
the use of such records is therefore deemed by the NLRB to be for a
purpose that is compatible with the purpose for which the records
were collected.
(4) Other agencies, offices, establishments, and authorities,
whether Federal, state, or local, authorized or charged with the
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative, or regulatory in nature,
and whether arising by general statute or particular program
statute, or by regulation, rule, or order issued pursuant thereto.
(5) The Department of Justice for use in litigation when either (a)
the NLRB, or any component thereof, (b) any employee of the NLRB in
his or her official capacity, (c) any employee of the NLRB in his or
her individual capacity, where the Department of Justice has agreed
to represent the employee, or (d) the United States, where the NLRB
determines that litigation is likely to affect the Agency or any of
its components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice
is deemed by the NLRB to be relevant and necessary to the
litigation, provided that in each case the NLRB determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
(6) Officials of labor organizations recognized under Public Law 95-
454, when relevant and necessary to their duties of exclusive
representation of NLRB employees under the Act. Whenever feasible
and consistent with responsibilities under the Act, such information
shall be furnished in depersonalized form, i.e., without personal
identifiers.
(7) NLRB current and former employees and other individuals
currently or formerly provided telephone services by the NLRB to
determine their individual responsibility for telephone calls.
8. A Federal authority, in response to its request, that this system
of records contains information relevant to the hiring or retention
of an employee, the issuance or retention of a security clearance,
the letting of a contract, or the issuance or retention of a
license, grant, or other benefit. The other agency or licensing
organization, however, may then make a request supported by the
written consent of the individual for the entire record if it so
chooses. No disclosure will be made unless the information has been
determined to be sufficiently reliable to support a referral to
another office within the NLRB or to another Federal agency for
criminal, civil, administrative, personnel, or regulatory action.
(9) A telecommunications company providing telecommunications
support to permit servicing the account.
Disclosure to consumer reporting agencies:
Disclosures may be made from this system, pursuant to 5 U.S.C.
552(a)b)(12), 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), in accordance with
3711(f) of Title 31.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
The telephone call detail records consist of paper records
maintained in files and records on computer disks and diskettes,
and/or on computer tapes.
Retrievability:
The records are retrievable by name, authorized calling card number,
and telephone number.
Safeguards:
These records are only available to those persons whose official
duties require such access. Paper records are maintained in file
cabinets. During duty hours cabinets containing the records are
under the surveillance of personnel charged with custody of the
records. During off-duty hours they are kept inside locked offices,
in locked file cabinets. Computer records can be accessed only
through use of confidential procedures and passwords.
Retention and disposal:
Telephone call detail records are retained and disposed of in
accordance with the National Archives and Records Administration
(NARA), General Records Schedule 12.
System manager(s) and address:
Assistant Branch Chief, Facilities and Safety, Room 6100, NLRB, 1099
14th Street, NW, Washington, DC 20570-0001. See the attached
appendix for the titles and addresses of officials at other
locations responsible for this system at their locations.
Notification procedures:
An individual may inquire whether this system contains a record
pertaining to him or her by directing a request to the appropriate
System Manager in accordance with the procedures set forth in 29 CFR
102.117(f).
Record access procedures:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the appropriate System
Manager in accordance with the procedures set forth in 29 CFR
102.117(g).
Contesting records procedures:
An individual may request amendment of a record pertaining to such
individual maintained in this system by directing a request to the
appropriate System Manager in accordance with the procedures set
forth in 29 CFR 102.117(i).
Record source categories:
Telephone assignment records; telephone call detail listings;
results of administrative inquiries relating to assignment of
responsibility for placement of specific long-distance calls.
Appendix
Names and addresses of NLRB offices referenced in Notice of
Telephone Call Detail Records Systems shown above.
NLRB Headquarters Offices:
1099 14th Street, NW, Washington, DC 20570-0001
Offices of the Board
Members of the Board
Executive Secretary, Office of the Executive Secretary
Director, Office of Representative and Appeals
Director, Office of Information
Solicitor
Chief Administrative Law Judge, 1550 Wilson Boulevard, 6th Floor,
Arlington, VA 22209-2426
Deputy Chief Administrative Law Judge, San Francisco Judges, 901
Market Street, suite 300, San Francisco, CA 94103-1779
Associate Chief Administrative Law Judge, New York Judges, 120 West
45th Street, 11th Floor, New York, NY 10036-5503
Associate Chief Administrative Law Judge, Atlanta Judges, Peachtree
Summit Building, 401 W. Peachtree St., NW--suite 1708, Atlanta, GA
30308-5510
Offices of the General Counsel
General Counsel
Associate General Counsel, Division of Operations Management
Associate General Counsel, Division of Advice
Associate General Counsel, Division of Enforcement Litigation
Director, Division of Administration
Director, Equal Employment Opportunity
Chief, Procurement and Facilities Branch
Chief, Administrative Service Branch
Chief, Management Information System Branch
Chief, Library and Records Management Branch
Chief, Finance Branch
Chief, Budget Branch
Director, Personnel Branch
Inspector General, Office of Inspector General
NLRB Field Offices
Regional Director, Region 1, Thomas P. O'Neal, Jr., Federal Office
Building, 10 Causeway Street, 6th Floor, Boston, MA 02222-1072
Regional Director, Region 2, Jacob K. Javits Federal Building, 26
Federal Plaza, room 3614, New York, NY 10278-0104
Regional Director, Region 3, Federal Building--room 901, 111 W.
Huron Street, Buffalo, NY 14202-2387
Resident Officer, Albany Resident Office, Clinton Avenue at Pearl
Street--room 342, Albany, NY 12207-2350
Regional Director, Region 4, Philadelphia Life Building--7th Floor,
615 Chestnut Street, One Independence Mall, Philadelphia, PA 19106-
4404
Regional Director, Region 5, Candler Building, 4th Floor, 109 Market
Place, Baltimore, MD 21202-4026
Resident Officer, Washington Resident Office, Gelman Building, suite
100, 2120 L Street, NW, Washington, DC 20037-1560
Regional Director, Region 6, William S. Moorehead, Federal Office
Building, room 1501, 1000 Liberty Avenue, Pittsburgh, PA 15222-4173
Regional Director, Region 7, Patrick V. McNamara, Federal Office
Building, 477 Michigan Avenue, room 300, Detroit, MI 48226-2569
Resident Officer, Grant Rapids Resident Office, 82 Ionia,
Northwest--3rd Floor, Grand Rapids, MI 49503-3022
Regional Director, Region 8, Anthony J. Celebrezze, Federal Office
Building--room 1695, 1240 East 9th Street, Cleveland, OH 44199-2086
Regional Director, Region 9, John Weld Peck, Federal Office
Building, 550 Main Street, room 30003, Cincinnati, OH 45202-3271
Regional Director, Region 10, Marietta Tower--Suite 2400, 101
Marietta Street, Northwest, Atlanta, GA 30323-3301
Resident Officer, Birmingham Resident Office, Massey Building, suite
407, 2025 3rd Avenue, North, Birmingham, AL 35203-3323
Regional Director, Region 11, U.S. Courthouse/Federal Building, 251
Main Street, room 447, Winston Salem, NC 27101-3986
Regional Director, Region 12, Enterprise Plaza, suite 530, 201 E.
Kennedy Boulevard, Tampa, FL 33602-5824
Resident Officer, Miami Resident Office, Claude Pepper Federal
Building--13th Floor, 51 Southwest 1st Avenue, Miami, FL 33130-1608
Resident Officer, Jacksonville Resident Office, Federal Building,
room 278, 400 West Bay Street, Jacksonville, FL 33130-4412
Regional Director, Region 13, Bank of America Building--suite 800,
200 West Adams Street, Chicago, IL 60606-5208
Regional Director, Region 14, 611 N. 10th Street--suite 400, St.
Louis, MO 63101-1932
Regional Director, Region 15, 1515 Poydras Street--room 610, New
Orleans, LA 70112-3723
Regional Director, Region 16, Fritz G. Lanham, Federal Office
Building, 819 Taylor Street, room 8A24, Fort Worth, TX 76102-6178
Resident Officer, Houston Resident Office, Lyric Centre, 440
Louisana Street, Houston, TX 77002-2649
Resident Officer, San Antonio Resident Office, US Post Office/
Courthouse Building--room 565, 615 East Houston Street, San Antonio,
TX 78205-2040
Regional Director, Region 17, 5799 Broadmoor--room 500, Kansas City,
KS 66302-2408
Resident Officer, Tulsa Resident Office, Grantson Building--suite
990, 111 West Fifth Street, Tulsa, OK 74103-4262
Regional Director, Region 18, Federal Building--room 316, 110 South
4th Street, Minneapolis, MN 55401-2291
Resident Officer, Des Moines Resident Office, Federal Building--room
909, 210 Walnut Street, Des Moines, IA 50309-2116
Regional Director, Region 19, Henry Jackson Federal Building--room
2948, 915 Second Avenue, Seattle, WA 48174-1078
Resident Officer, Anchorage Resident Office, Federal Office
Building, 222 West 7th Avenue, room 510, Box 21, Anchorage, AK
99513-3546
Officer in Charge, Subregion 36, Koin Center--room 401, 222
Southwest Columbia Street, Portland, OR 97201-5878
Regional Director, Region 20, 901 Market Street--suite 400, San
Francisco, CA 94103-1735
Officer in Charge, Subregion 37, Prince Kuhio Federal Building--room
7318, 300 Ala Moana Boulevard, Honolulu, HI 96850-4980
Regional Director, Region 21, 615 South Flower Street--11th Floor,
Los Angeles, CA 90017-2803
Resident Officer, San Diego Resident Office, Pacific Professional
Center--suite 302, 555 West Beech Street, San Diego, CA 92101-2939
Regional Director, Region 22, Peter D. Rodino Jr., Federal office
Building--room 1600, 970 Broad Street, Newark, NJ 07102-2570
Regional Director, Region 24, Frederico Degetau, Federal Building/
Courthouse--room 591, 150 Carlos E. Chardon Avenue, Hato Rey, PR
00918-1720
Regional Director, Region 25, Minton Capehart Federal Building--room
238, 575 North Pennsylvania Street, Indianapolis, IN 46204-1577
Regional Director, Region 26, Mid-Memphis Tower--suite 800, 1407
Union Avenue, Memphis, TN 38104-3627
Resident Officer, Little Rock Resident Office, TCBY Building--suite
375, 425 West Capitol Avenue, Little Rock, AR 72201-3489
Nashville Resident Office, Estes Kefauver Federal Building, U.S.
Courthouse, room 716, 801 Broadway, Nashville, TN 37203-3816
Regional Director, Region 27, Dominion Plaza, 3d Floor, 600 17th
Street, Denver, CO 80202-5433
Regional Director, Region 28, Security Building, suite 440, 234
North Central Avenue, Phoenix, AZ 85004-2212
Resident Officer, Albuquerque Resident Office, Western Bank Plaza--
room 1820, 505 Marquette Avenue, NW, Albuquerque, NM 87102-2181
Resident Officer, El Paso Resident Office, Federal Building, suite
C-403, 700 East San Antonio Avenue, El Paso, TX 79901-7020
Resident Officer, Las Vegas Resident Office, Alan Bible Federal
Building--suite 400, 600 W. Las Vegas Boulevard, South, Las Vegas,
NV 89101-6637
Regional Director, Region 29, 75 Clinton Street--8th Floor,
Brooklyn, NY 11201-4201
Regional Director, Region 30, Henry S. Reuss Federal Plaza--suite
700, 310 West Wisconsin Avenue, Milwaukee, WI 53203-2211
Regional Director, Region 31, Federal Building/USPO--room 12100,
11000 Wilshire Boulevard, Los Angeles, CA 90024-3682
Regional Director, Region 32, Breuner Building, 2d Floor, 2201
Broadway, PO Box 12983, Oakland, CA 94612-3017
Regional Director, Region 33, Hamilton Square Building--suite 200,
300 Hamilton Boulevard, Peoria, IL 61602-1104
Regional Director, Region 34, 1 Commercial Plaza--21st Floor, Church
and Trumbull Streets, Hartford, CT 06103-3599
Security classification:
None.
System location:
Office of the Executive Secretary; Office of the Solicitor; Board
Members' Offices; Office of the General Counsel; Division of
Operations Management, NLRB, 1099 14th Street, NW, Washington, DC
20570-0001.
Categories of individuals covered by the system:
Attorneys and other individuals, other than current NLRB employees,
who appear and practice before the NLRB.
Categories of records in the system:
All correspondence, internal staff memoranda, affidavits,
statements, transcripts, exhibits, or other documents or records
compiled by the NLRB in the course of conducting disciplinary
investigations and proceedings involving allegations of misconduct
in violation of the NLRB's rules by attorneys and other individuals,
other than current NLRB employees, who appear and practice before
the NLRB.
Authority for maintenance of the system:
5 U.S.C. 552a; 29 U.S.C. 156; and 29 CFR 102.44, 102.66(d), 102.119,
and 102.120.
Purpose(s):
Purpose of records is to document NLRB investigations and
proceedings involving allegations of misconduct in violation of the
NLRB's rules by attorneys and other individuals, other than current
NLRB employees, who appear and practice before the NLRB.
The records and information contained therein may be disclosed to:
1. Any person who, during the course of a disciplinary investigation
or proceeding, is a source or assists in such investigation or
proceeding, to the extent necessary to obtain relevant information
or assistance.
2. A bar association or similar Federal, State, or local licensing
authority, where the record or information, by itself or in
connection with other records or information, indicates a violation
or potential violation of the standards of professional conduct
established or adopted by the licensing authority.
3. Other agencies, offices, establishments, and authorities, whether
Federal, state, or local, authorized or charged with the
responsibility to investigate, litigate, prosecute, enforce, or
implement a statute, rule, regulation, or order, where the record or
information, by itself or in connection with other records or
information, indicates a violation or potential violation of law,
whether criminal, civil, administrative, or regulatory in nature,
and whether arising by general statute or particular program
statute, or by regulation, rule, or order pursuant thereto.
4. A Federal, state, or local governmental authority maintaining
civil, criminal, or other relevant enforcement information, if
necessary to obtain information relevant to an NLRB decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, or the letting of a contract.
5. A Federal, State, or local government authority, in response to
its request, that this system of records contains information
relevant to the hiring or retention of an employee, the issuance or
retention of a security clearance, the letting of a contract, or the
issuance or retention of a license, grant, or other benefit. The
other agency or licensing organization may then make a request
supported by the written consent of the individual for the entire
record if it so chooses. No disclosure will be made unless the
information has been determined to be sufficiently reliable to
support a referral to another office within the NLRB or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
6. A court, magistrate, administrative tribunal, or other
adjudicatory body in the course of presenting evidence or argument,
including disclosure to opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations, or in
connection with criminal law proceedings, when: (a) The NLRB or any
component thereof, or (b) any employee of the NLRB in his or her
official capacity; or (c) any employee of the NLRB in his individual
capacity where the NLRB has agreed to represent the employee; or (d)
the United States Government, is a party to litigation or has
interest in such litigation, and determines that such disclosure is
relevant and necessary to the litigation and that the use of such
records is therefore deemed by the NLRB to be for a purpose that is
compatible with the purpose for which the records were collected.
7. The Department of Justice for use in litigation when either (a)
the NLRB or any component thereof, (b) any employee of the NLRB in
his or her official capacity, (c) any employee of the NLRB in his or
her official capacity, where the Department of Justice has agreed to
represent the employee, or (d) the United States where the NLRB
determines that litigation is likely to affect the NLRB or any of
its components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice
is deemed by the NLRB to be relevant and necessary to the
litigation, provided that in each case the Agency determines that
disclosure of the records to the Department of Justice is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
8. Any person with whom the NLRB contracts to reproduce, by typing,
photocopy or other means, any record within the system for use by
the NLRB.
9. A Member of Congress or a Congressional staff member in response
to an inquiry of the Congressional office made at the written
request of the constituent about whom the records are maintained.
Disclosures to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in file folders, on computer disks and
diskettes, and on computer tapes.
Retrievability:
Records are retrievable by case number and/or individual name.
Safeguards:
Access to and use of records is limited to those persons whose
official duties require such access. Records are kept in limited
access areas during duty hours and in locked offices and file
cabinets during off-duty hours. Computer records can be accessed
only through use of confidential procedures and passwords.
Retention and disposal:
Files are disposed of according to applicable provisions of the
General Records Schedules issued by the National Archives and
Records Administration.
System manager(s) and address:
Executive Secretary, NLRB, 1099 14th Street, NW, Washington, DC
20570, for files maintained by the Executive Secretary's Office,
Solicitor's Office, and Board Members' Offices.
Associate General Counsel, Division of Operations Management, NLRB,
1099 14th Street, NW, Washington, DC 20570, for files maintained by
the General Counsel's Office and the Division of Operations
Management.
Notification procedure:
The Agency Disciplinary Case Files system of records is exempt from
certain provisions of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2); however, consideration will be given to individual
requests for notification whether the system contains a record
pertaining to the requesting individual, for access to records
pertaining to such individual, or for amendment of a record
pertaining to such individual. Requests should be made in writing
addressed to the system manager(s) and should contain the
individual's full name, occupation, address, and date of birth.
Record access procedure:
See ``Notification Procedure'' above.
Contesting record procedures:
See ``Notification Procedure'' above.
Record source categories:
Categories of record sources include the subject individual, records
from the underlying administrative proceeding where the alleged
misconduct occurred, other participants in the underlying
administrative proceeding, and various other sources.
Systems exempted from certain provisions of the Privacy Act:
Pursuant to 5 U.S.C. 552a(k)(2), the NLRB has exempted the system
from the following provisions of the Privacy Act of 1974: 5 U.S.C.
552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f). This
exemption is codified in 29 CFR part 102.
Appendix- Names and Addresses of NLRB Offices referenced in Notice
of Record Systems shown above.
NLRB Headquarters Offices
Offices of the Board
Member of the Board
Executive Secretary, Office of the Executive Secretary
Director, Office of Representation Appeals
Director, Division of Information
Solicitor
Offices of the General Counsel
General Counsel
Associate General Counsel, Division of Operations Management
Associate General Counsel, Division of Advice
Associate General Counsel, Division of Enforcement Litigation
Director, Division of Administration
Director, Equal Employment Opportunity
Address: 1717 Pennsylvania Avenue, NW, Washington, DC 20570
Chief Administrative Law Judge, Division of Administrative Law
Judges
Address: Room 1121, Hamilton Building, 1375 K Street, NW,
Washington, DC 20005
San Francisco Office, Division of Administrative Law Judges
Address: Suite 300, 901 Market Street, Federal Building, San
Francisco, California 94102
New York Office, Division of Administrative Law Judges
Address: Paramount Building, 4th Floor, 1501, Broadway Street, New
York, New York 10036
Atlanta Office, Division of Administrative Law Judges
Address: 44 Broad Street NW, Ninth Floor, Atlanta, Georgia 30303
NLRB Field Offices
Regional Director, National Labor Relations Board, Region 1, Boston
Federal Office Building, 10 Causeway Street, Boston, Massachusetts
02222-1072.
Regional Director, National Labor Relations Board, Region, 2, Jacob
K. Javits Federal Building, Room 3614, 26 Federal Plaza, New York,
New York 10278.
Regional Director, National Labor Relations Board, Region 3, Federal
Building, Room 901, 111 West Huron Street, Buffalo, New York 14202.
Regional Director, National Labor Relations Board, Region 4, 1
Independence Mall, Seventh Floor, 615 Chestnut Street, Philadelphia,
Pennsylvania 19106.
Regional Director, National Labor Relations Board, Region 5, Candler
Building, Fourth Floor, 109 Market Place, Baltimore, Maryland 21202.
Regional Director, National Labor Relations Board, Region 6, 1501
William S. Moorhead Federal Building, 1000 Liberty Avenue,
Pittsburgh, Pennsylvania 15222.
Regional Director, National Relations Board, Region 8, Anthony J.
Celebrezze Federal Building, 1240 E. Ninth Street, Room 1695,
Cleveland, Ohio 44199.
Regional Director, National Relations Board, Region 9, John Weld
Peck Federal Office Building, Room 3003, 550 Main Street,
Cincinnati, Ohio 45202.
Regional Director, National Relations Board, Region 10, Marietta
Tower, Suite 2400, 101 Marietta Street, NW, Atlanta, Georgia 30323.
Regional Director, National Relations Board, Region 11, U.S.
Courthouse, Federal Building, 251 North Main Street, Room 447,
Winston-Salem, North Carolina 27101.
Regional Director, National Relations Board, Region 12, 700 Twigg
Street, Suite 511, PO Box 172068, Tampa, Florida 33672-0068.
Regional Director, National Relations Board, Region 13, Everett
McKinley Dirksen Building, 219 South Dearborn Street, Chicago,
Illinois 60604.
Regional Director, National Relations Board, Region 14, 210 Tucker
Boulevard North, Room 448, St. Louis, Missouri 63101.
Regional Director, National Relations Board, Region 15, 1515 Poydras
Street, Suite 610, New Orleans, Louisiana 70112.
Regional Director, National Relations Board, Region 16, Federal
Office Building, Room 8A24, 819 Taylor Street, Forth Worth, Texas
76102.
Regional Director, National Labor Relations Board, Region 17, Two
Gateway Centre, Room 616, Fourth at State, Kansas City, Kansas
66101.
Regional Director, National Labor Relations Board, Region 18,
Federal Building, Room 316, 110 South Fourth Street, Minneapolis,
Minnesota 55401.
Regional Director, National Labor Relations Board, Region 19, Henry
M. Jackson Federal Building, Room 2948, 915 Second Avenue, Seattle,
Washington, 98174.
Regional Director, National Labor Relations Board, Region 20, Suite
400, 901 Market Street, San Francisco, California 94103.
Regional Director, National Labor Relations Board, Region 21, 615
South Flower Street, 11th Floor, Los Angeles, California 90017-2803.
Regional Director, National Labor Relations Board, Region 22, Peter
D. Rodino, Jr. Federal Building, Room 1600, 970 Broad Street,
Newark, New Jersey 07102.
Regional Director, National Labor Relations Board, Region 23, Bob
Casey Federal Building/Courthouse, 515 Rusk Street, Room 4014,
Houston, Texas 77002.
Regional Director, National Labor Relations Board, Region 24,
Federico Degatau Federal Building, U.S. Courthouse, Room 591, Carlos
E. Chardon Avenue, Hato Rey, Puerto Rico 00918.
Regional Director, National Labor Relations Board, Region 25,
Minton-Capehart Federal Building, Room 238, 575 North Pennsylvania
Street, Indianapolis, Indiana 46204.
Regional Director, National Labor Relations Board, Region 26, Mid-
Memphis Tower Building, Suite 800, 1407, Union Avenue, PO Box 41559,
Memphis, Tennessee 38174.
Regional Director, National Labor Relations Board, Region 27, South
Towers, 3d Floor, 600 17th Street, Denver, Colorado 80202-5433.
Regional Director, National Labor Relations Board, Region 28,
Security Building, 234 North Central Avenue, Suite 440, Phoenix,
Arizona 85004.
Regional Director, National Labor Relations Board, Region 29, 16
Court Street, Fourth Floor, Brooklyn, New York 11241.
Regional Director, National Labor Relations Board, Region 30, Henry
S. Reuss Federal Plaza, 310 W. Wisconsin Avenue, Suite 700,
Milwaukee, Wisconsin 53203.
Regional Director, National Labor Relations Board, Region 31,
Federal Building, Room 12100, 11000 Wilshire Boulevard, Los Angeles,
California 90024.
Regional Director, National Labor Relations Board, Region 32,
Breuner Building, Second Floor, 2201 Broadway, Post Office Box
12983, Oakland, California 94604.
Regional Director, National Labor Relations Board, Region 33,
Savings Center Tower, Sixteenth Floor, 411 Hamilton Boulevard,
Peoria, Illinois 61602.
Officer-in-Charge, National Labor Relations Board, Subregion 36,
Portland Building, Room 1360, 1120 Southwest Fifth Avenue, Portland,
Oregon 97204.
Officer-in-Charge, National Labor Relations Board, Subregion 37, 300
Ala Moana Boulevard, Room 7318, PO Box 50208, Honolulu, Hawaii
96850.
Officer-in-Charge, National Labor Relations Board, Subregion 39, One
Commercial Plaza, 21st Floor, Hartford, Connecticut 06103.
Resident Officer, National Labor Relations Board, Resident Office-
Region 3, Leo W. O'Brien Federal Building, Room 342, Clinton Avenue
at North Pearl Street, Albany, New York 12207.
Resident Officer, National Labor Relations Board, Resident Office-
Region 5, Gelman Building, Suite 100, 2120 L Street NW, Washington,
DC 20037.
Resident Officer, National Labor Relations Board, Resident Office-
Region 7, Third Floor, The Furniture Co., 82 Ionia, NW, Grand
Rapids, Michigan 49503.
Resident Officer, National Labor Relations Board, Resident Office-
Region 10, Bank of Savings Building, Suite 305, 1919 Morris Avenue,
Birmingham, Alabama 35203.
Resident Officer, National Labor Relations Board, Resident Office-
Region 12, Federal Building, Room 278, 400 West Bay Street,
Jacksonville, Florida 32202.
Resident Officer, National Labor Relations Board, Resident Office-
Region 12, Federal Building, Room 916, 51 Southwest Avenue, Miami,
Florida 33130.
Resident Officer, National Labor Relations Board, Resident Office-
Region 16, Robert S. Kerr Building, 440 South Houston Avenue, Room
210, Tulsa, Oklahoma 74127.
Resident Officer, National Labor Relations Board, Resident Office-
Region 18, Federal Building, 210 Walnut Street, Room 909, Des
Moines, Iowa 50309.
Resident Officer, National Labor Relations Board, Resident Office-
Region 19, Anchorage Federal Office Building, 701 C Street, Room
510, Box 21, Anchorage, Alaska 99513.
Resident Officer, National Labor Relations Board, Resident Office-
Region 21, 555 West Beech Street, Suite 302, San Diego, California
92101.
Resident Officer, National Labor Relations Board, Resident Office-
Region 23, Federal Building, Room A-509, 727 East Durango Boulevard,
San Antonio, Texas 78206.
Resident Officer, National Labor Relations Board, Resident Office-
Region 26, Capitol Centre Building, 303 West Capitol Street, Suite
350, Little Rock, Arkansas 72201.
Resident Officer, National Labor Relations Board, Resident Office-
Region 26, Estes Kefauver Federal Building, U.S. Courthouse, Room A-
702, 801 Broadway, Nashville, Tennessee 37203.
Resident Officer, National Labor Relations Board, Resident Office-
Region 28, Patio Plaza Building, Upper Level, 5000 Marble Avenue,
NE, Albuquerque, New Mexico 87110.
Resident Officer, National Labor Relations Board, Resident Office-
Region 28, Federal Building, Suite C403, 700 East San Antonio
Avenue, El Paso, Texas 79901.
Resident Officer, National Labor Relations Board, Resident Office-
Region 31, 600 Las Vegas Boulevard, South Suite 400, Las Vegas,
Nevada 89101.
NATIONAL LABOR RELATIONS BOARD
Title 29-Labor
Chapter I-National Labor Relations Board
PART 102-RULES AND REGULATIONS, SERIES 8
Subpart K-Records and Information
Sec
102.117 Board materials and formal documents available for public
inspection and copying; requests for described records; time limit
for response; appeal from denial of request; fees for document
search and duplication; files and records not subject to inspection.
Sec. 102.117 Board materials and formal documents available for
public inspection and copying; requests for described records; time
limit for response; appeal from denial of request; fees for document
search and duplication; files and records not subject to inspection.
(a)(1) The following materials are available to the public for
inspection and copying during normal business hours: (i) All final
opinions and orders made in the adjudication of cases; (ii)
administrative staff manuals and instructions that affect any member of
the public (excepting those establishing internal operating rules,
guidelines, and procedures for the investigation, trial, and settlement
of cases); (iii) a record of the final votes of each member of the Board
in every agency proceeding; and (iv) a current index of final opinions
and orders made in the adjudication of cases. Paragraphs (a)(1)(i)
through (iv) of this section are available for inspection and copying
during normal business hours at the Board's offices in Washington, DC.
Paragraphs (a)(1)(ii) and (iv) of this section are also available for
inspection and copying during normal business hours at each regional,
subregional, and resident office of the Board. Final opinions and orders
made by regional directors in the adjudication of representation cases
pursuant to the delegation of authority from the Board under section
3(b) of the Act are available to the public for inspection and copying
in the original office where issued.
(2) Copies of forms prescribed by the Board for the filing of charges
under section 10 or petitions under section 9 may be obtained without
charge from any regional, subregional, or resident office of the Board.
(b)(1) The formal documents constituting the record in a case or
proceeding are matters of official record and, until destroyed pursuant
to applicable statutory authority, are available to the public for
inspection and copying during normal business hours, at the appropriate
regional office of the Board or at the Board's office in Washington, DC,
as the case may be.
(2) The executive secretary shall certify copies of the formal
documents upon request made a reasonable time in advance of need and
payment of lawfully prescribed costs.
(c)(1) Requests for the inspection and copying of records other than
those specified in paragraphs (a) and (b) of this section must be in
writing and must reasonably describe the record in a manner to permit
its identification and location. The envelope and the letter should be
clearly marked to indicate that it contains a request for records under
the Freedom of Information Act (FOIA). The request must contain a
specific statement assuming financial liability in accordance with
paragraph (d)(2) of this section for the direct costs of responding to
the request. If the request is for records in a Regional or subregional
office of the Agency, it should be made to that Regional or subregional
office; if for records in the Office of the General Counsel and located
in Washington, DC, it should be made to the Freedom of Information
Officer, Office of the General Counsel, Washington, DC; and if for
records in the offices of the Board in Washington, DC, to the Executive
Secretary of the Board, Washington, DC. Requests made to other than the
appropriate office will be forwarded to that office by the receiving
office, but in that event the applicable time limit for response set
forth in paragraph (c)(2)(i) of this section shall be calculated from
the date of receipt by the appropriate office.
(2)(i) Within 10 working days after receipt of a request by the
appropriate office of the Agency a determination shall be made whether
to comply with such request, and the person making the request shall be
notified in writing of that determination. If the determination is to
comply with the request, the records shall be promptly available to the
person making the request upon payment of any charges due in accordance
with the provisions of paragraph (d)(2) of this section. If the
determination is to deny the request, the notification shall set forth
the reasons therefor and the name and title or position of each person
responsible for the denial, and shall notify the person making the
request of the right to appeal the adverse determination under the
provisions of paragraph (c)(2)(ii) of this section.
(ii) An appeal from an adverse determination made pursuant to
paragraph (c)(2)(i) of this section must be filed within 20 working days
of the receipt by the person of the notification of the adverse
determination where the request is denied in its entirety; or, in the
case of a partial denial, within 20 working days of the receipt of any
records being made available pursuant to the request. If the adverse
determination was made in a Regional Office, a subregional office, or by
the Freedom of Information Officer, Office of the General Counsel, the
appeal shall be filed with the General Counsel in Washington, DC. If the
adverse determination was made by the Executive Secretary of the Board,
the appeal shall be filed with the Chairman of the Board in Washington,
DC. Within 20 working days after the receipt of an appeal the Chairman
of the Board or the General Counsel, as the case may be, shall make a
determination with respect to such appeal and shall notify the person in
writing. If the determination is to comply with the request, the record
shall be made promptly available to the person making the request upon
receipt of payment of any charges due in accordance with the provisions
of paragraph (d)(2) of this section. If on appeal the denial of the
request for records is upheld in whole or in part, the person making the
request shall be notified of the reasons for the determination, the name
and title or position of each person responsible for the denial, and the
provisions for judicial review of that determination under the
provisions of 5 U.S.C. 552(4)(B). Even though no appeal is filed from a
denial in whole or in part of a request for records by the person making
the request, the Chairman of the Board or the General Counsel may,
without regard to the time limit for filing of an appeal, sua sponte
initiate consideration of an adverse determination under this appeal
procedure by written notification to the person making the request. In
such event the time limit for making the determination shall commence
with the issuance of such notification.
(iii) In unusual circumstances as specified in this subparagraph, the
time limits prescribed in either paragraph (c)(2)(i) or (ii) of this
section may be extended by written notice to the person requesting the
record setting forth the reasons for such extension and the date on
which a determination is expected to be dispatched. No such notice or
notices shall specify a date or dates that would result in an extension
or extensions totaling more than 10 working days with respect to a
particular request. As used in this subparagraph, unusual circumstances
means, but only to the extent reasonably necessary to the proper
processing of the particular request:
(a) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
(b) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded in
a single request;
(c) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
agency having substantial subject-matter interest therein.
(d)(1) For the purposes of this section, the following definitions
apply:
(i) Direct costs means those expenditures which are actually incurred
in searching for and duplicating and, in the case of commercial use
requesters, reviewing documents to respond to a FOIA request.
(ii) Search includes all time spent looking for material that is
responsive to a request, including page-by-page and line-by-line
identification of material within documents. Searches may be done
manually or by computer using existing programing.
(iii) Duplication refers to the process of making a copy of a document
necessary to respond to a FOIA request. Such copies can take the form of
paper copy, microfilm, videotape, audiotape, or machine readable
documentation (e.g., magnetic tape or disk), among others. The copy
provided must be in a form that is reasonably usable by requesters.
(iv) Review refers to the process of examining documents located in
response to a request that is for commercial use to determine whether a
document or any portion of any document located is permitted to be
withheld. It includes processing any documents for disclosure, e.g.,
doing all that is necessary to excise them and otherwise prepare them
for release.
(v) Commercial use request refers to a request from or on behalf of
one who seeks information for a use or purpose that furthers the
commercial trade or profit interests of the requester or the person on
whose behalf the request is made.
(vi) Educational institution refers to a preschool, a public or
private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, or an institution of vocational
education, which operates a program or programs of scholarly research.
(vii) Representative of the news media refers to any person actively
gathering news for an entity that is organized and operated to publish
or broadcast news to the public. The term news means information that is
about current events or that would be of current interest to the public.
In the case of ``freelance'' journalists, they may be regarded as
working for a news organization if they can demonstrate a reasonable
expectation of publication through that organization, even though not
actually employed by it.
(viii) Working days, as used in this paragraph, means calendar days
excepting Saturdays, Sundays, and legal holidays.
(2) Persons requesting records from this Agency shall be subject to a
charge of fees for the full allowable direct costs of document search,
review, and duplicating, as appropriate, in accordance with the
following schedules, procedures, and conditions:
(i) Schedule of charges:
(A) For each one-quarter hour or portion thereof of clerical time,
$2.50.
(B) For each one-quarter hour or portion thereof of professional time,
$6.60.
(C) For each sheet of duplication (not to exceed 8\1/2\ by 14 inches)
of requested records, $0.10.
(D) All other direct costs of preparing a response to a request shall
be charged to the requester in the same amount as incurred by the
Agency. Such costs shall include, but not be limited to: Certifying that
records are true copies, and sending records to requesters or receiving
records from the Federal records storage centers by special methods such
as express mail.
(ii) Fees incurred in responding to information requests are to be
charged in accordance with the following categories of requesters:
(A) Commercial use requesters will be assessed charges to recover the
full direct costs of searching for, reviewing for release, and
duplicating the records sought. Requesters must reasonably describe the
records sought. Commercial use requesters are not entitled to 2 hours of
free search time nor 100 free pages of reproduction of documents.
(B) Educational institution requesters will be assessed charges for
the cost of reproduction alone, excluding charges for the first 100
pages. To be eligible for inclusion in this category, requesters must
show that the request is being made under the auspices of a qualifying
institution and that the records are not sought for commercial use, but
are sought in furtherance of scholarly research. Requesters must
reasonably describe the records sought.
(C) Requesters who are representatives of the news media will be
assessed charges for the cost of reproduction alone, excluding charges
for the first 100 pages. To be eligible for inclusion in this category,
a requester must meet the criteria in paragraph (d)(1)(vii) of this
section, and the request must not be made for commercial use. In
reference to this class of requester, a request for records supporting
the news dissemination function of the requester shall not be considered
to be a request that is for commercial use. Requesters must reasonably
describe the records sought.
(D) All other requesters, not elsewhere described, will be assessed
charges to recover the full reasonable direct cost of searching for and
reproducing records that are responsive to the request, except that the
first 100 pages of reproduction and the first 2 hours of search time
shall be furnished without charge. Requesters must reasonably describe
the records sought.
(E) Absent a reasonably based factual showing that a requester should
be placed in a particular user category, fees will be imposed as
provided for in the commercial use requester category.
(iii)(A) In no event shall fees be imposed on any requester when the
total charges are less than $11, which is the Agency cost of collecting
and processing the fee itself.
(B) If the Agency has reason to believe that a requester or several
requesters whose interests are aligned are breaking up a request into
several smaller requests for the purpose of evading the imposition of
fees that otherwise would be charged, the Agency may, after
notification, aggregate the requests and impose fees in accordance with
the fee schedule in this section.
(iv) Documents are to be furnished without charge or at reduced levels
if disclosure of the information is in the public interest because it is
likely to contribute significantly to public understanding of the
operations or activities of the Government and is not primarily in the
commercial interest of the requester.
(v) If a requester fails to pay chargeable fees that were incurred as
a result of the Agency's processing of the information request,
beginning on the 31st day following the date on which the notification
of charges was sent, the Agency may assess interest charges against the
requester in the manner prescribed in section 3717 of title 31 U.S.C.
(vi) Each request for records shall contain a specific statement
assuming financial liability, in full or to a specified maximum amount,
for charges, in accordance with paragraphs (d)(2) (i) and (ii) of this
section, which may be incurred by the Agency in responding to the
request. If the anticipated charges exceed the maximum limit stated by
the person making the request or if the request contains no assumption
of financial liability for charges, the person shall be notified and
afforded an opportunity to assume financial liability. The request for
records shall not be deemed received for purposes of the applicable time
limit for response until a written assumption of financial liability is
received. The Agency may require a requester to make an advance payment
of anticipated fees under the following circumstances:
(A) If the anticipated charges are likely to exceed $250, the Agency
shall notify the requester of the likely cost and obtain satisfactory
assurance of full payment when the requester has a history of prompt
payment of FOIA fees, or require an advance payment of an amount up to
the full estimated charges in the case of requesters with no history of
payment.
(B) If a requester has previously failed to pay fees that have been
charged in processing a request within 30 days of the date when the
notification of fees was sent, the requester will be required to pay the
entire amount of fees that are owed, plus interest as provided for in
paragraph (d)(2)(v) of this section, before the Agency will process a
further information request. In addition, the Agency may require advance
payment of fees that the Agency estimates will be incurred in processing
the further request before the Agency commences processing that request.
When the Agency acts under paragraph (d)(2)(vi)(A) or (B) of this
section, the administrative time limits for responding to a request or
an appeal from initial denials will begin to run only after the Agency
has received the fee payments required above.
(vii) Charges may be imposed even though the search discloses no
records responsive to the request, or none not exempt from disclosure.
(e) Subject to the provisions of Secs. 102.31(c) and 102.66(c), all
fines, documents, reports, memoranda, and records of the Agency falling
within the exemptions specified in 5 U.S.C. 552(b) shall not be made
available for inspection or copying, unless specifically permitted by
the Board, its Chairman, or its General Counsel.
(f) An individual will be informed whether a system of records
maintained by this Agency contains a record pertaining to such
individual. An inquiry should be made in writing or in person during
normal business hours to the official of this Agency designated for that
purpose and at the address set forth in a notice of a system of records
published by this Agency, in a Notice of Systems of Governmentwide
Personnel Records published by the Office of Personnel Management, or in
a Notice of Governmentwide Systems of Records published by the
Department of Labor. Copies of such notices, and assistance in preparing
an inquiry, may be obtained from any Regional Office of the Board or at
the Board offices at 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
The inquiry should contain sufficient information, as defined in the
notice, to identify the record. Reasonable verification of the identity
of the inquirer, as described in paragraph (j) of this section, will be
required to assure that information is disclosed to the proper person.
The Agency shall acknowledge the inquiry in writing within 10 days
(excluding Saturdays, Sundays, and legal public holidays) and, wherever
practicable, the acknowledgment shall supply the information requested.
If, for good cause shown, the Agency cannot supply the information
within 10 days, the inquirer shall within that time period be notified
in writing of the reasons therefor and when it is anticipated the
information will be supplied. An acknowledgment will not be provided
when the information is supplied within the 10-day period. If the Agency
refuses to inform an individual whether a system of records contains a
record pertaining to an individual, the inquirer shall be notified in
writing of that determination and the reasons therefor, and of the right
to obtain review of that determination under the provisions of paragraph
(k) of this section.
(g) An individual will be permitted access to records pertaining to
such individual contained in any system of records described in the
notice of system of records published by this Agency, or access to the
accounting of disclosures from such records. The request for access must
be made in writing or in person during normal business hours to the
person designated for that purpose and at the address set forth in the
published notice of system of records. The request for access must be
made in writing or in person during normal business hours to the person
designated for that purpose and at the address set forth in the
published notice of system of records. Copies of such notices, and
assistance in preparing a request for access, may be obtained from any
Regional Office of the Board or at the Board offices at 1717
Pennsylvania Avenue NW, Washington, DC 20570. Reasonable verification of
the identity of the requester, as described in paragraph (j) of this
section, shall be required to assure that records are disclosed to the
proper person. A request for access to records or the accounting of
disclosures from such records shall be acknowledged in writing by the
Agency within 10 days of receipt (excluding Saturdays, Sundays, and
legal public holidays) and, wherever practicable, the acknowledgment
shall inform the requester whether access will be granted and, if so,
the time and location at which the records or accounting will be made
available. If access to the record or accounting is to be granted, the
record or accounting will normally be provided within 30 days (excluding
Saturdays, Sundays, and legal public holidays) of the request, unless
for good cause shown the Agency is unable to do so, in which case the
individual will be informed in writing within that 30-day period of the
reasons therefor and when it is anticipated that access will be granted.
An acknowledgment of a request will not be provided if the record is
made available within the 10-day period. If an individual's request for
access to a record or an accounting of disclosure from such a record
under the provisions of this paragraph is denied, the notice informing
the individual of the denial shall set forth the reasons therefor and
advise the individual of the right to obtain a review of that
determination under the provisions of paragraph (k) of this section.
(h) An individual granted access to records pertaining to such
individual contained in a system of records may review all such records.
For that purpose the individual may be accompanied by a person of the
individual's choosing, or the record may be released to the individual's
representative who has written consent of the individual, as described
in paragraph (j) of this section. A first copy of any such record or
information will ordinarily be provided without charge to the individual
or representative in a form comprehensible to the individual. Fees for
any other copies of requested records shall be assessed at the rate of
10 cents for each sheet of duplication.
(i) An individual may request amendment of a record pertaining to such
individual in a system of records maintained by this Agency. A request
for amendment of a record must be in writing and submitted during normal
business hours to the person designated for that purpose and at the
address set forth in the published notice for the system of records
containing the record of which amendment is sought. Copies of such
notices, and assistance in preparing a request for amendment, may be
obtained from any Regional Office of the Board or at the Board offices
at 1717 Pennsylvania Avenue NW, Washington, DC 20570. The requester must
provide verification of identity as described in paragraph (j) of this
section, and the request should set forth the specific amendment
requested and the reason for the requested amendment. The Agency shall
acknowledge in writing receipt of the request within 10 days of receipt
(excluding Saturdays, Sundays, and legal public holidays) and, wherever
practicable, the acknowledgment shall advise the individual of the
determination of the request. If the review of the request for amendment
cannot be completed and a determination made within 10 days, the review
shall be completed as soon as possible, normally within 30 days
(Saturdays, Sundays, and legal public holidays excluded) of receipt of
the request unless unusual circumstances preclude completing the review
within that time, in which event the requester will be notified in
writing within that 30-day period of the reasons for the delay and when
the determination of the request may be expected. If the determination
is to amend the record, the requester shall be so notified in writing
and the record shall be amended in accordance with that determination.
If any disclosures accountable under the provisions of 5 U.S.C. 552a(c)
have been made, all previous recipients of the record which was amended
shall be advised of the amendment and its substance. If it is determined
that the request should not be granted, the requester shall be notified
in writing of that determination and of the reasons therefor, and
advised of the right to obtain review of the adverse determination under
the provisions of paragraph (k) of this section.
(j) Verification of the identification of individuals required under
paragraphs (f), (g), (h), and (i) of this section to assure that records
are disclosed to the proper person shall be required by the Agency to an
extent consistent with the nature, location, and sensitivity of the
records being disclosed. Disclosure of a record to an individual in
person will normally be made upon the presentation of acceptable
identification. Disclosure of records by mail may be made on the basis
of the identifying information set forth in the request. Depending on
the nature, location, and sensitivity of the requested record, a signed
notarized statement verifying identity may be required by the Agency.
Proof of authorization as representative to have access to a record of
an individual shall be in writing, and a signed notarized statement of
such authorization may be required by the Agency if the record requested
is of a sensitive nature.
(k)(1) Review may be obtained with respect to:
(i) A refusal, under paragraph (f) or (l) of this section, to inform
an individual if a system of records contains a record concerning that
individual,
(ii) A refusal, under paragraph (g) or (l) of this section, to grant
access to a record or an accounting of disclosure from such a record, or
(iii) A refusal, under paragraph (i) of this section, to amend a
record.
The request for review should be made to the Chairman of the Board if
the system of records is maintained in the office of a Member of the
Board, the office of the Executive Secretary, the office of the
Solicitor, the Division of Information, or the Division of
Administrative Law Judges. Consonant with the provisions of section 3(d)
of the National Labor Relations Act, and the delegation of authority
from the Board to the General Counsel, the request should be made to the
General Counsel if the system of records is maintained by an office of
the Agency other than those enumerated above. Either the Chairman of the
Board or the General Counsel may designate in writing another officer of
the Agency to review the refusal of the request. Such review shall be
completed within 30 days (excluding Saturdays, Sundays, and legal public
holidays) from the receipt of the request for review unless the Chairman
of the Board or the General Counsel, as the case may be, for good cause
shown, shall extend such 30-day period.
(2) If, upon review of a refusal under paragraph (f) or (l), the
reviewing officer determines that the individual should be informed of
whether a system of records contains a record pertaining to that
individual, such information shall be promptly provided. If the
reviewing officer determines that the information was properly denied,
the individual shall be so informed in writing with a brief statement of
the reasons therefor.
(3) If, upon review of a refusal under paragraph (g) or (l), the
reviewing officer determines that access to a record or to an accounting
of disclosures should be granted, the requester shall be so notified and
the record or accounting shall be promptly made available to the
requester. If the reviewing officer determines that the request for
access was properly denied, the individual shall be so informed in
writing with a brief statement of the reasons therefor, and of the right
to judicial review of that determination under the provisions of 5
U.S.C. 552a(g)(1)(B).
(4) If, upon review of a refusal under paragraph (i), the reviewing
official grants a request to amend, the requester shall be so notified,
the record shall be amended in accordance with the determination, and,
if any disclosures accountable under the provisions of 5 U.S.C. 552a(c)
have been made, all previous recipients of the record which was amended
shall be advised of the amendment and its substance. If the reviewing
officer determines that the denial of a request for amendment should be
sustained, the Agency shall advise the requester of the determination
and the reasons therefor, and that the individual may file with the
Agency a concise statement of the reason for disagreeing with the
determination, and may seek judicial review of the Agency's denial of
the request to amend the record. In the event a statement of
disagreement is filed, that statement--
(i) Will be made available to anyone to whom the record is
subsequently disclosed together with, at the discretion of the Agency, a
brief statement summarizing the Agency's reasons for declining to amend
the record, and
(ii) Will be supplied, together with any Agency statements, to any
prior recipients of the disputed record to the extent that an accounting
of disclosure was made.
(l) To the extent that portions of system of records described in
notices of Governmentwide systems of records published by the Office of
Personnel Management are identified by those notices as being subject to
the management of an officer of this Agency, or an officer of this
Agency is designated as the official to contact for information, access,
or contents of those records, individual requests for access to those
records, requests for their amendment, and review of denials of requests
for amendment shall be in accordance with the provisions of 5 CFR part
297, subpart A, Sec. 297.101, et seq., as promulgated by the Office of
Personnel Management. To the extent that portions of system of records
described in notices of Governmentwide system of records published by
the Department of Labor are identified by those notices as being subject
to the management of an officer of this Agency, or an officer of this
Agency is designated as the official to contact for information, access,
or contents of those records, individual requests for access to those
records, requests for their amendment, and review of denials of requests
for amendment shall be in accordance with the provisions of this rule.
Review of a refusal to inform an individual whether such a system of
records contains a record pertaining to that individual and review of a
refusal to grant an individual's request for access to a record in such
a system may be obtained in accordance with the provisions of paragraph
(k) of this section.
(m) Pursuant to 5 U.S.C. 552a(j)(2), the system of records maintained
by the Office of the Inspector General of the National Labor Relations
Board that contains Investigative Files shall be exempted from the
provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i), and 29
CFR 102.117(c), (d), (f), (g), (h), (i), (j) and (k), insofar as the
system contains investigatory material compiled for criminal law
enforcement purposes.
(n) Pursuant to 5 U.S.C. 552a(k)(2), the system of records maintained
by the Office of the Inspector General of the National Labor Relations
Board that contains the Investigative Files shall be exempted from 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) and 29
CFR 102.117 (c), (d), (f), (g), (h), (i), (j), and (k), insofar as the
system contains investigatory material compiled for law enforcement
purposes not within the scope of the exemption at 29 CFR 102.117(m).
(o) Privacy Act exemptions contained in paragraphs (m) and (n) of this
section are justified for the following reasons:
(1) 5 U.S.C. 552a(c)(3) requires an agency to make the accounting of
each disclosure of records available to the individual named in the
record at his/her request. These accountings must state the date,
nature, and purpose of each disclosure of a record and the name and
address of the recipient. Accounting for each disclosure would alert the
subjects of an investigation to the existence of the investigation and
the fact that they are subjects of the investigation. The release of
such information to the subjects of an investigation would provide them
with significant information concerning the nature of the investigation
and could seriously impede or compromise the investigation, endanger the
physical safety of confidential sources, witnesses, law enforcement
personnel, and their families and lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of testimony.
(2) 5 U.S.C. 552a(c)(4) requires an agency to inform any person or
other agency about any correction or notation of dispute made by the
agency in accordance with subsection (d) of the Act. Since this system
of records is being exempted from subsection (d) of the Act, concerning
access to records, this section is inapplicable to the extent that this
system of records will be exempted from subsection (d) of the Act.
(3) 5 U.S.C. 552a(d) requires an agency to permit an individual to
gain access to records pertaining to him/her, to request amendment to
such records, to request a review of an agency decision not to amend
such records, and to contest the information contained in such records.
Granting access to records in this system of records could inform the
subject of an investigation of an actual or potential criminal
violation, of the existence of that investigation, of the nature and
scope of the information and evidence obtained as to his/her activities,
or of the identity of confidential sources, witnesses, and law
enforcement personnel and could provide information to enable the
subject to avoid detection or apprehension. Granting access to such
information could seriously impede or compromise an investigation,
endanger the physical safety of confidential sources, witnesses, law
enforcement personnel, and their families, lead to the improper
influencing of witnesses, the destruction of evidence, or the
fabrication of testimony, and disclose investigative techniques and
procedures. In addition, granting access to such information could
disclose classified, security-sensitive, or confidential business
information and could constitute an unwarranted invasion of the personal
privacy of others.
(4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its
records only such information about an individual as is relevant and
necessary to accomplish a purpose of the agency required by statute or
by executive order of the President. The application of this provision
could impair investigations and law enforcement because it is not always
possible to detect the relevance or necessity of specific information in
the early stages of an investigation. Relevance and necessity are often
questions of judgment and timing, and it is only after the information
is evaluated that the relevance and necessity of such information can be
established. In addition, during the course of the investigation, the
investigator may obtain information which is incidental to the main
purpose of the investigative jurisdiction of another agency. Such
information cannot readily be segregated. Furthermore, during the course
of the investigation, the investigator may obtain information concerning
the violation of laws other than those which are within the scope of
his/her jurisdiction. In the interest of effective law enforcement, OIG
investigators should retain this information, since it can aid in
establishing patterns of criminal activity and can provide valuable
leads for other law enforcement agencies.
(5) 5 U.S.C. 552a(e)(2) requires an agency to collect information to
the greatest extent practicable directly from the subject individual
when the information may result in adverse determinations about an
individual's rights, benefits, and privileges under Federal programs.
The application of this provision could impair investigations and law
enforcement by alerting the subject of an investigation, thereby
enabling the subject to avoid detection or apprehension, to influence
witnesses improperly, to destroy evidence, or to fabricate testimony.
Moreover, in certain circumstances the subject of an investigation
cannot be required to provide information to investigators and
information must be collected from other sources. Furthermore, it is
often necessary to collect information from sources other than the
subject of the investigation to verify the accuracy of the evidence
collected.
(6) 5 U.S.C. 552a(e)(3) requires an agency to inform each person whom
it asks to supply information, on a form that can be retained by the
person, of the authority under which the information is sought and
whether disclosure is mandatory or voluntary; of the principal purposes
for which the information is intended to be used; of the routine uses
which may be made of the information; and of the effects on the person,
if any, of not providing all or any part of the requested information.
The application of this provision could provide the subject of an
investigation with substantial information about the nature of that
investigation that could interfere with the investigation. Moreover,
providing such a notice to the subject of an investigation could
seriously impede or compromise an undercover investigation by revealing
its existence and could endanger the physical safety of confidential
sources, witnesses, and investigators by revealing their identities.
(7) 5 U.S.C. 552a(e)(4) (G) and (H) require an agency to publish a
Federal Register notice concerning its procedures for notifying an
individual, at his/her request, if the system of records contains a
record pertaining to him/her, how to gain access to such a record and
how to contest its content. Since this system of records is being
exempted from subsection (f) of the Act, concerning agency rules, and
subsection (d) of the Act, concerning access to records, these
requirements are inapplicable to the extent that this system of records
will be exempt from subsections (f) and (d) of the Act. Although the
system would be exempt from these requirements, OIG has published
information concerning its notification, access, and contest procedures
because, under certain circumstances, OIG could decide it is appropriate
for an individual to have access to all or a portion of his/her records
in this system of records.
(8) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a Federal
Register notice concerning the categories of sources of records in the
system of records. Exemption from this provision is necessary to protect
the confidentiality of the sources of information, to protect the
privacy and physical safety of confidential sources and witnesses, and
to avoid the disclosure of investigative techniques and procedures.
Although the system will be exempt from this requirement, OIG has
published such a notice in broad generic terms.
(9) 5 U.S.C. 552a(e)(5) requires an agency to maintain its records
with such accuracy, relevance, timeliness, and completeness as is
reasonably necessary to assure fairness to the individual in making any
determination about the individual. Since the Act defines ``maintain''
to include the collection of information, complying with this provision
could prevent the collection of any data not shown to be accurate,
relevant, timely, and complete at the moment it is collected. In
collecting information for criminal law enforcement purposes, it is not
possible to determine in advance what information is accurate, relevant,
timely, and complete. Facts are first gathered and then placed into a
logical order to prove or disprove objectively the criminal behavior of
an individual. Material which seems unrelated, irrelevant, or incomplete
when collected can take on added meaning or significance as the
investigation progresses. The restrictions of this provision could
interfere with the preparation of a complete investigative report,
thereby impeding effective law enforcement.
(10) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable efforts
to serve notice on an individual when any record on such individual is
made available to any person under compulsory legal process when such
process becomes a matter of public record. Complying with this provision
could prematurely reveal an ongoing criminal investigation to the
subject of the investigation.
(11) 5 U.S.C. 552a(f)(1) requires an agency to promulgate rules which
shall establish procedures whereby an individual can be notified in
response to his/her request if any system of records named by the
individual contains a record pertaining to him/her. The application of
this provision could impede or compromise an investigation or
prosecution if the subject of an investigation were able to use such
rules to learn of the existence of an investigation before it could be
completed. In addition, mere notice of the fact of an investigation
could inform the subject and others that their activities are under or
may become the subject of an investigation and could enable the subjects
to avoid detection or apprehension, to influence witnesses improperly,
to destroy evidence, or to fabricate testimony. Since this system would
be exempt from subsection (d) of the Act, concerning access to records,
the requirements of subsection (f)(2) through (5) of the Act, concerning
agency rules for obtaining access to such records, are inapplicable to
the extent that this system of records will be exempted from subsection
(d) of the Act. Although this system would be exempt from the
requirements of subsection (f) of the Act, OIG has promulgated rules
which establish agency procedures because, under certain circumstances,
it could be appropriate for an individual to have access to all or a
portion of his/her records in this system of records.
(12) 5 U.S.C. 552a(g) provides for civil remedies if an agency fails
to comply with the requirements concerning access to records under
subsections (d)(1) and (3) of the Act; maintenance of records under
subsection (e)(5) of the Act; and any other provision of the Act, or any
rule promulgated thereunder, in such a way as to have an adverse effect
on an individual. Since this system of records would be exempt from
subsections (c)(3) and (4), (d), (e)(1), (2), and (3) and (4)(G) through
(I), (e)(5), and (8), and (f) of the Act, the provisions of subsection
(g) of the Act would be inapplicable to the extent that this system of
records will be exempted from those subsections of the Act.
(p) Pursuant to 5 U.S.C. 552a(k)(2), the system of records maintained
by the NLRB containing Agency Disciplinary Case Files (Nonemployees)
shall be exempted from the provisions of 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4) (G), (H), and (I), and (f) insofar as the system contains
investigatory material compiled for law enforcement purposes other than
material within the scope of 5 U.S.C. 552a(j)(2).
(q) The Privacy Act exemption set forth in paragraph (p) of this
section is claimed on the ground that the requirements of subsections
(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the Privacy
Act, if applied to Agency Disciplinary Case Files, would seriously
impair the ability of the NLRB to conduct investigations of alleged or
suspected violations of the NLRB's misconduct rules, as set forth in
paragraphs (o) (1), (3), (4), (7), (8), and (11) of this section.
[40 FR 7290, Feb. 19, 1975, as amended at 53 FR 10872, Apr. 4, 1988; 58
FR 42235, Aug. 9, 1993; 61 FR 65183, Dec#st