[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)] [Notices] [Pages 69802-69804] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32253] ======================================================================= ----------------------------------------------------------------------- NATIONAL LABOR RELATIONS BOARD Privacy Act of 1974; Publication of Revised System of Records Notice AGENCY: National Labor Relations Board (NLRB). ACTION: Revised publication of System of Records Notice NLRB-4, Claim Records. ----------------------------------------------------------------------- SUMMARY: The Privacy Act of 1974, as amended, requires that each agency publish a notice of a proposed new System of Records, as well as proposals to revise existing Systems of Records. This notice alters an existing Privacy Act System of Records Notice NLRB-4, Claim Records, by deleting two routine uses, dividing one routine use into two distinct uses for purposes of clarity, amending the language of four routine uses, changing the system manager, and the address of the system location, and updating the citations referring to 29 CFR 102.117; as well as making several insignificant administrative language revisions. All persons are advised that in the absence of submitted comments, views, or arguments considered by the NLRB as warranting modification of the notice as herewith to be published, it is the intention of the NLRB that the notice shall be effective upon expiration of the comment period without further action by this Agency. DATES: The amended System of Records Notice will become effective without further notice 30 days from the date of this publication (January 13, 2000) unless comments are received on or before that date which result in a contrary determination. ADDRESSES: All persons who desire to submit written comments, views, or arguments for consideration by the NLRB in connection with the proposed revised System of Records Notice shall file them with the Executive Secretary, National Labor Relations Board, 1099 14th Street, NW, Room 11600, Washington, DC 20570-0001. Copies of all such communications will be available for examination by interested persons during normal business hours in the Office of the Executive Secretary, National Labor Relations Board, 1099 14th Street, NW, Room 11600, Washington, DC 20570-0001. FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary, National Labor Relations Board, 1099 14th Street, NW, Room 11600, Washington, DC 20570-0001. SUPPLEMENTARY INFORMATION: The following changes have been made to the existing NLRB System of Records Notice NLRB-4, Claim Records. 1. Routine uses 1 and 2 have been deleted because the specified ``need to know'' in them is authorized by 5 U.S.C. 552a(b) (1) and (5). 2. Routine use 3 has been amended by changing reference from ``Agency'' to ``NLRB'' for more specificity, and has been renumbered 1. 3. Routine use 4 has been amended to specify more exactly the information that may be disclosed to a court or an adjudicative body in the course of presenting evidence or argument including disclosure to opposing counsel or witnesses in the course of civil discovery, and has been renumbered 2. 4. Routine use 5 has been renumbered 3. 5. Routine use 6 has been amended to specify more exactly the categories of users and the information that may be disclosed, and has been renumbered 4. 6. The language of routine use 7 has been amended to specify that on disclosure to an inquiring congressional office, the subject individual must be a constituent about whom the records are maintained, and has been renumbered 5. 7. Routine use 8 has been renumbered 6. 8. Routine use 9 has been divided into two distinct uses for purposes of clarity, one dealing solely with arbitrators and the other with officials of labor organizations. The language has been amended to conform to the intent of routine use (e) in the Government-wide system of records OPM/GOVT-2, [[Page 69803]] Employee Performance File System Records, to eliminate the NLRB requirement that the information that may be disclosed to a labor organization ``shall be furnished in depersonalized form, i.e., without personal identifiers.'' Routine use (e) is a Government-wide system of records OPM/GOVT-2 which provides that the information will be ``disclosed to an arbitrator to resolve disputes under a negotiated grievance procedure or to officials of labor organizations under 5 U.S.C. Chapter 71 when relevant and necessary to their duties of exclusive representation.'' The NLRB is deleting the requirement that ``[W]herever feasible and consistent with the responsibilities under the Act, such information shall be furnished in depersonalized form, i.e., without personal identifiers,'' a requirement not contained in OPM-GOVT-2 routine use (e). Routine use 9 has been renumbered 7 and 8. 9. The manager, system location, and address of NLRB-4 has been changed from ``Library and Administrative Services Branch'' to ``Director, Division of Administration'' and from ``NLRB, 1717 Pennsylvania Avenue, NW, Washington, DC 20570-0001'' to ``NLRB, 1099 14th Street, NW, Washington, DC 20570-0001.'' 10. References to 29 CFR 102.117 citations in NLRB-4 have been changed to read as follows for the paragraphs in Notification Procedures, 29 CFR 102.117(f); Records Access Procedures, 29 CFR 102.117 (g) and (h); and Contesting Records Procedures, 29 CFR 102.117(i). A report of the proposal to revise this system of records was filed pursuant to 5 U.S.C. 552(r) with Congress and the Office of Management and Budget. Dated: Washington, DC, December 3, 1999. By direction of the Board. John J. Toner, Executive Secretary. 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. 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. 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. [[Page 69804]] 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. [FR Doc. 99-32253 Filed 12-13-99; 8:45 am] BILLING CODE 7545-01-M