Notice2022-06243
Privacy Act of 1974; System of Records
Primary source
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Published
March 24, 2022
Effective
April 25, 2022
Issuing agencies
Federal Mediation and Conciliation Service
Abstract
The Federal Mediation and Conciliation Service (FMCS) uses this system to process requests for arbitration panels, including payment for requests, to process annual fees for each arbitrator, to maintain a roster of qualified, private labor arbitrators to hear disputes arising under collective bargaining agreements, and provide fact finding and interest arbitration.
Full Text
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<title>Federal Register, Volume 87 Issue 57 (Thursday, March 24, 2022)</title>
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[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Pages 16737-16739]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06243]
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FEDERAL MEDIATION AND CONCILIATION SERVICE
Privacy Act of 1974; System of Records
AGENCY: Federal Mediation & Conciliation Service.
ACTION: Notice of a new system of records.
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SUMMARY: The Federal Mediation and Conciliation Service (FMCS) uses
this system to process requests for arbitration panels, including
payment for requests, to process annual fees for each arbitrator, to
maintain a roster of qualified, private labor arbitrators to hear
disputes arising under collective bargaining agreements, and provide
fact finding and interest arbitration.
DATES: This system of records will be effective without further notice
on April 25, 2022 unless otherwise revised pursuant to comments
received. New routine uses will be effective on April 25, 2022.
Comments must be received on or before April 25, 2022.
ADDRESSES: You may send comments, identified by FMCS-0008, by any of
the following methods:
<bullet> Mail: Office of General Counsel, 250 E Street SW,
Washington, DC 20427.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#196b7c7e706a6d7c6b597f747a6a377e766f"><span class="__cf_email__" data-cfemail="b7c5d2d0dec4c3d2c5f7d1dad4c499d0d8c1">[email protected]</span></a>. Include FMCS-0008 on the subject
line of the message.
<bullet> Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Arthur Pearlstein, Director of
Arbitration Services, at <a href="/cdn-cgi/l/email-protection#83e2f3e6e2f1eff0f7e6eaedc3e5eee0f0ade4ecf5"><span class="__cf_email__" data-cfemail="a8c9d8cdc9dac4dbdccdc1c6e8cec5cbdb86cfc7de">[email protected]</span></a>, (202) 606-8103, or mail,
The Office of Arbitration Services, FMCS, 250 E Street SW, Washington,
DC 20427.
SUPPLEMENTARY INFORMATION: The enabling legislation for FMCS provides
that ``the settlement of issues between employers and employees through
collective bargaining may advance by making available full and adequate
governmental facilities for conciliation, mediation, and voluntary
arbitration . . .'' 29 U.S.C. 171(b). Pursuant to the statute and 29
CFR part 1404, FMCS has long maintained a roster of qualified, private
labor arbitrators to hear disputes arising under collective bargaining
agreements and provide fact finding and interest arbitration. The
existing regulation establishes the policy and administrative
responsibility for the FMCS roster, criteria, procedures for listing
and removing arbitrators, and procedures for using arbitration
services.
SYSTEM NAME AND NUMBER:
FMCS-0008 Arbitration Records.
[[Page 16738]]
SYSTEM LOCATION:
Federal Mediation and Conciliation Service, Office of General
Counsel (OGC), 250 E Street SW, Washington, DC 20427.
SYSTEM MANAGER(S):
Arthur Pearlstein, Director of Arbitration, email
<a href="/cdn-cgi/l/email-protection#543524313526382720313d3a14323937277a333b22"><span class="__cf_email__" data-cfemail="6100110400130d121504080f21070c02124f060e17">[email protected]</span></a>, send mail to the Federal Mediation and
Conciliation Service, 250 E Street SW, Washington, DC 20427, Attn:
Arthur Pearlstein, or call (202) 606-8103.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 172, et seq. and 29 CFR part 1404.
PURPOSE(S) OF THE SYSTEM:
The records in this system are used to collect, process, and
maintain arbitrator panel reports, payment requests, annual fees, and
arbitrator rosters. The system maintains a roster of qualified, private
labor arbitrators to hear disputes arising under collective bargaining
agreements and provide fact findings and interest arbitration.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered in the system are the public,
FMCS clients, parties requesting an arbitration roster or services,
arbitrators, applicants to be on the arbitration roster, and FMCS
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records maintained in the system include the:
(1) Records concerning requests for arbitrators including, but not
limited to, the Request for Arbitration Panel (FMCS Form R-43). This
form can be found at <a href="https://www.fmcs.gov/services/arbitration/requesting-a-panel/">https://www.fmcs.gov/services/arbitration/requesting-a-panel/</a>.
(2) Records pertaining to arbitrator registration, including but
not limited to, Arbitrators' Personal Data Questionnaire (FMCS Form R-
22), and records used to collect information from applicants submitted
for consideration to the FMCS Arbitrator Review Board. This form can be
found at <a href="https://www.fmcs.gov/services/arbitration/information-joining-arbitrator-roster/">https://www.fmcs.gov/services/arbitration/information-joining-arbitrator-roster/</a>.
(3) Records concerning case processing updates including, but not
limited to, The Arbitrator's Report and Fee Statement (FMCS Form R-19).
This form can be found at <a href="https://www.fmcs.gov/services/arbitration/information-fmcs-roster-arbitrators/">https://www.fmcs.gov/services/arbitration/information-fmcs-roster-arbitrators/</a>.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by:
(1) Parties seeking to request an arbitration panel which may
include the public, Federal, state, and local employees, Unions, and
employers; and
(2) Arbitrators provide information for registration and case
processing updates.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of these records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FMCS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(a) To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule regulation or order where
the record, either alone or in conjunction with other information
creates an indication of a violation or potential violation of civil or
criminal laws or regulations.
(b) To disclose information to the National Archives and Records
Administration (NARA) for use in its records management inspections; to
the Government Accountability Office (GAO) for oversight purposes; to
the Department of Justice (DOJ) to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or to the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
(c) To disclose information to the National Archives and Records
Administration (NARA) in records management inspections.
(d) To disclose information to contractors, grantees, experts,
consultants, detailers, and other non-Government employees performing
or working on a contract, service, or other assignment for the Federal
Government when necessary to accompany an agency function related to
this system of records.
(e) To officials of labor organizations recognized under 5 U.S.C.
chapter 71 upon receipt of a formal request and in accordance with the
conditions of 5 U.S.C. 7114 when relevant and necessary to their duties
of exclusive representation concerning personnel policies, practices,
and matters affecting working conditions.
(f) To disclose information to a Member of Congress or a
congressional office in response to an inquiry made on behalf of, and
at the request of, an individual who is the subject of the record.
(g) To disclose information when FMCS determines that the records
are relevant to a proceeding before a court, grand jury, or
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
(h) To disclose information to another Federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the Government is a
party to the judicial or administrative proceeding. Such disclosure is
permitted only when it is relevant and necessary to the litigation or
proceeding.
(i) To any agency, organization, or person for the purposes of
performing audit or oversight operations related to the operation of
this system of records as authorized by law, but only information
necessary and relevant to such audit or oversight function.
(j) To disclose information to appropriate agencies, entities, and
persons when: (1) FMCS suspects or has confirmed that there has been a
breach of the system of records; (2) FMCS has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FMCS (including its information systems, programs, and
operations), the Federal Government, or national security; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with FMCS's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
(k) To another Federal agency or Federal entity, when FMCS
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in: (1) Responding
to a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(l) To disclose information to arbitrators or parties to an
arbitration concerning case processing, or to investigate allegations
of arbitrator misconduct.
(m) To disclose to professional organizations, including but not
limited to the American Arbitration Association, JAMS, or the National
Academy of Arbitrators concerning
[[Page 16739]]
application or suitability of an arbitrator.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained in hard copy and electronic form in
locations only accessible to authorized personnel. Electronic records
are stored on the agency's internal servers with restricted access to
authorized Human Resources staff and designated deciding officials as
determined by agency policy. Hard copy records are stored in a locked
cabinet accessible to authorized Human Resources staff and designated
deciding officials as determined by agency policy.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the name or other programmatic
identifier assigned to an individual in the electronic database and
paper filing system.
POLICIES AND PRACTICES FOR RETENTION OF DISPOSAL OF RECORDS:
All records are retained and disposed of in accordance with General
Records Schedule 4.1, issued by the National Archives and Records
Administration.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are located in a locked file storage area or stored
electronically in locations only accessible to authorize personnel
requiring agency security credentials. Access is restricted and
accessible to limited Human Resources officials, and/or individuals in
a need-to-know capacity. FMCS buildings are guarded and monitored by
security personnel, cameras, ID checks, and other physical security
measures.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records should
contact the Office of General Counsel (OGC). Individuals must provide
the following information for their records to be located and
identified: (1) Full name, (2) Address, and (3) A specific description
of the record content requested. See 29 CFR 1410.3, Individual access
requests.
CONTESTING RECORDS PROCEDURES:
See 29 CFR 1410.6, Requests for correction or amendment of records,
on how to contest the content of any records. Privacy Act requests to
amend or correct records may be submitted to the Chief Privacy Officer
at <a href="/cdn-cgi/l/email-protection#e696948f9087859fa6808b8595c8818990"><span class="__cf_email__" data-cfemail="f8888a918e999b81b89e959b8bd69f978e">[email protected]</span></a> or Chief Privacy Officer at FMCS, 250 E Street SW,
Washington, DC 20427. Also, see <a href="https://www.fmcs.gov/privacy-policy/">https://www.fmcs.gov/privacy-policy/</a>.
NOTIFICATION PROCEDURES:
See 29 CFR 1410.3(a), Individual access requests.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: March 21, 2022.
Anna Davis,
Acting General Counsel.
[FR Doc. 2022-06243 Filed 3-23-22; 8:45 am]
BILLING CODE 6732-01-P
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</html>Indexed from Federal Register on March 24, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.