Document

Privacy Act of 1974; Publication of System of Records

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. ...

[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66693-66696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33162]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act of 1974; Publication of System of Records

Agency

National Labor Relations Board (NLRB).

Action

Revised publication of Notice of System of Records NLRB-1, Accounting Records--Financial.

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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-1, Accounting Records--Financial, by deleting two routine uses; amending the language of five routine uses, adding one new routine use, updating the addresses of system locations; updating the citations referring to 29 CFR 102.117; as well as making several insignificant administrative language revisions.

EFFECTIVE DATE: The amended system of records notice will become effective without further notice January 20, 1998, unless comments are received on or before that date which result in a contrary determination.

Addresses

Written responses should be sent to the Executive Secretary, National Labor Relations Board, Room 11600, 1099 14th Street, NW, Washington, DC 20570-0001. Copies of such communications will be available for examination by interested persons during business hours (8:30 a.m. to 5 p.m., Monday through Friday, excluding Federal holidays), in the Office of the Executive Secretary, Room 11600, 1099 14th Street, NW, Washington, DC 20570-0001.

For Further Information Contact

John J. Toner, Executive Secretary, National Labor Relations Board, Room 11600, 1099 14th Street, NW, Washington, DC 20570-0001.

Supplementary Information

The following changes have been made to the existing NLRB Notice of System of Records NLRB-1, Accounting Records-- Financial 1. Routine uses Nos. 1 and 2 have been deleted because the specified ``need to know'' in them is authorized by 5 U.S.C. 552a(b)(1)(5). Routine uses Nos. 3, 4 and 5 were renumbered Nos. 1, 2 and 3. 2. Routine use No. 6 has been amended to specify more exactly the categories of users and the information that may be disclosed. Routine use No. 6 has been renumbered No. 4. 3. Routine use No. 7 has been renumbered No. 5. 4. The language of routine use No. 8 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, Routine use No. 8 has been renumbered as No 6. 5. The language of routine use No. 9 has been amended to conform to the intent of routine use (e) in the Government-wide system of records OPM/GOVT-2, 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 ``wherever feasible and consistent with 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 No. 9 has been renumbered as use No. 7. 6. Routine use No. 10 has been amended by changing reference from ``Agency'' to ``NLRB'' for more specificity. Routine use No. 10 has been renumbered as routine use No. 8. 7. Routine use No. 11 is 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 of witnesses in the course of civil discovery. Routine use No. 11 has been renumbered as routine use No. 9. 8. Routine use No. 10 is new and has been added 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 (PL 97-365), and the Debt Collection Improvement Act of 1996 (PL 104-134) by voluntary repayment, or by administrative or salary offset procedures. 9. The address of system locations and managers in NLRB-1 has been changed 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-1 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); Contesting Records Procedures, 29 CFR 102.117(i).

11. The Appendix has been completely updated to show all current NLRB office listings. A report of this notice to amend NLRB-1, Accounting Records-- Financial, was filed pursuant to 5 U.S.C. 552a(r) and OMB Circular A- 130, Revised, with the Office of Management and Budget and with Congress. The revised text of NLRB-1 being amended (53 FR 17263-4, May 16, 1988) is set forth below.

Dated: Washington, DC, November 18, 1997.

By direction of the Board. John J. Toner, Executive Secretary. 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: 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 ADDRESSES: 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).

RECORDS ACCESS PROCEDURE: 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, P.O. 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, 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

[FR Doc. 97-33162 Filed 12-18-97; 8:45 am] BILLING CODE 7545-01-M

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62 FR 66693

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“Privacy Act of 1974; Publication of System of Records,” thefederalregister.org (December 19, 1997), https://thefederalregister.org/documents/97-33162/privacy-act-of-1974-publication-of-system-of-records.