[Federal Register: December 13, 2006 (Volume 71, Number 239)]
[Notices]
[Page 74941-74958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de06-67]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
Privacy Act of 1974; Publication of Notices of Systems of Records
AGENCY: National Labor Relations Board (NLRB).
ACTION: Notification of the establishment of twelve systems of records,
nine of which consist of an electronic case tracking system and
associated paper or electronic files, and the remaining three systems
consist of electronic case tracking systems only.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5
U.S.C. 552a, the Agency publishes this notice of its intention to
establish twelve systems of records. Nine of these systems consist of
an electronic case tracking system and associated paper or electronic
files, and the remaining systems, NLRB-22, NLRB-26, and NLRB-31,
consist of electronic case tracking systems only. The electronic case
tracking systems and associated paper or electronic files permit the
accurate and timely collection, retrieval, and retention of information
maintained by offices of the Agency, regarding those offices' handling
of matters before them, including unfair labor practice,
representation, or Freedom of Information Act cases.
All persons are advised that, in the absence of submitted comments
considered by the Agency as warranting modification of the notices as
here proposed, it is the intention of the Agency that the notices shall
be effective upon expiration of the comment period without further
action.
DATES: Written comments must be submitted no later than January 22,
2007.
ADDRESSES: All persons who desire to submit written comments for
consideration by the Agency in connection with the proposed notices of
systems of records shall file them with the Privacy Officer, National
Labor Relations Board, Room 7608, 1099 14th Street, NW., Washington, DC
20570-0001. Comments on these notices may also be submitted
electronically to PrivacyActComments@nlrb.gov.
Copies of all such comments will be available for examination
during normal
[[Page 74942]]
business hours (8:30 a.m. to 5 p.m. Monday through Friday, excluding
federal holidays) in the Agency's Reading Room, located in the Case
Records Unit, National Labor Relations Board, Room 9201, 1099 14th
Street, NW., Washington, DC 20570-0001.
FOR FURTHER INFORMATION CONTACT: Tommie Gregg, Sr., Privacy Officer,
National Labor Relations Board, Room 7608, 1099 14th Street, NW.,
Washington, DC 20570-0001, (202) 273-2833, Tommie.Greggsr@nlrb.gov.
SUPPLEMENTARY INFORMATION: Pursuant to subsection (k)(2) of the Privacy
Act, 5 U.S.C. 552a(k)(2), the Agency proposes to exempt several of the
systems of records (or portions of some systems) from the following
subsections of the Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f). The Agency's notice of proposed
rulemaking setting forth this proposed exemption appears elsewhere in
today's issue of the Federal Register.
A report of the proposal to establish these systems of records was
filed pursuant to 5 U.S.C. Sec. 552a(r) with Congress and the Office
of Management and Budget.
General Prefatory Information
A. All references to the Agency's ``unfair labor practice cases''
in these notices include the portion of such cases known as
``compliance,'' during which the Agency seeks effectuation of remedial
provisions of a settlement agreement, Board order, or court judgment
enforcing a Board order. (See NLRB Casehandling Manual, Part Three--
Compliance Proceedings, Sec. 10500.1).
B. Standard Routine Uses of the Records. The following routine uses
apply to and are incorporated by reference into most of the systems of
records published below, as described below for each system.
Records may be disclosed:
1. To a federal, state, or local agency (including a bar
association or other legal licensing authority), charged with the
responsibility for investigating, defending, or pursuing violations of
law or rule (civil, criminal, or regulatory in nature), in any case in
which there is an indication of a violation or potential violation of
law or rule;
2. In a federal, state, or local proceeding or hearing, which is
administrative, judicial, or regulatory, in accordance with the
procedures governing such disclosure and proceeding or hearing,
including, but not limited to, National Labor Relations Board Rule
Sec. 102.118, 29 CFR Sec. 102.118, and such records are determined by
the Agency to be arguably relevant to the litigation;
3. To the Agency's legal representative, including the Department
of Justice and other outside counsel, where the Agency is a party in
litigation or has an interest in litigation, including when any of the
following is a party to litigation or has an interest in such
litigation: (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 her or her individual capacity, where the Department of
Justice has agreed or is considering a request 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;
4. To a party or his or her representative in an Agency
administrative unfair labor practice or representation proceeding or
related judicial proceeding, for the purpose of: (a) Negotiation or
discussion on matters in furtherance of resolving the proceeding; (b)
providing such persons with information concerning the progress or
results of the Agency administrative or judicial proceeding; or (c)
ensuring due process in the Agency's administrative proceedings by
disclosing copies of all documents referenced by the Agency's
Casehandling Manual, Part One, Unfair Labor Practice Proceedings Sec.
11842 (.1-.3), or releasing documents in accordance with the Board's
Rules and Regulations;
5. To any person who, during the course of an Agency administrative
unfair labor practice or representation proceeding or related judicial
proceeding, is a source for information or assists in such proceeding,
to the extent necessary to obtain relevant information or assistance or
for a reason compatible with the purpose for which the record was
collected;
6. To a federal, state, local, or foreign agency or agent, in order
to: (a) Aid in the Agency's collection, administration, and
disbursement of remedial funds owed under the NLRA; or (b) assist in
collecting an overdue debt owed to the United States by an unfair labor
practice respondent;
7. To individuals who need the information in connection with the
processing of an internal Agency grievance;
8. To an arbitrator to resolve disputes under a negotiated Agency
grievance arbitration procedure;
9. To 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 necessary for a 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);
10. To a member of Congress or to a congressional staff member in
response to an inquiry of the congressional office made at the request
of the constituent about whom the records are maintained;
11. To the public, news media, and other individuals and
organizations, concerning unfair labor practice or representation
proceedings, limited as follows: Administrative unfair labor practice
or representation hearings are usually open to the public, pursuant to
29 CFR 102.34 and 102.64, and formal documents (those documents
traditionally considered by the Agency to be publicly available) are
made available for public inspection under the Freedom of Information
Act (FOIA), 5 U.S.C. 552. Additionally, Board decisions are posted on
the Agencys Web site at http://www.nlrb.gov, see 5 U.S.C. 552(a)(2)(A)
and (E), and may be distributed to publishers. Party and party-
representative contact information is also made available to the public
on the Agency's Web site. Information that would not be exempt from
disclosure under the FOIA may also be released to the news media, in
order to provide information on events in an administrative or judicial
proceeding. Such information that would not be exempt from disclosure
under the FOIA is also used to respond to inquiries from governmental,
non-profit, business, labor, and legal organizations, as well as
academic researchers, concerning pending related legislation and Agency
performance;
12. To FOIA requesters, when the Agency discloses requested
documents under the circumstances of the Agency's discretionary release
policy, set forth in the Agency's FOIA Manual (available on the Agencys
Web site at http:/www.nlrb.gov);
13. To the following federal agencies: (a) The Office of Management
and Budget in order to obtain advice regarding the Agencys obligations
under the Privacy Act, or to assist with the Agency's budget requests;
(b) the Department of Justice in order to obtain advice regarding the
Agency's obligations under the Freedom of Information Act; or (c) the
National Archives and Records Administration, in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
[[Page 74943]]
14. To contractors, for the purpose of reproduction, by typing,
photocopying, or other means, of any record within the system for use
by the Agency;
15. To contractors and other federal agencies, for the purpose of
assisting the Agency in further development and continuing maintenance
of electronic case tracking systems; and
16. To agencies of the United States Government, or to foreign or
international law enforcement or administrative authorities, in order
to comply with requirements imposed by, or to claim rights conferred
in, international agreements and arrangements in which the United
States participates.
Dated: Washington, DC November 15, 2006.
By direction of the Board.
Lester A. Heltzer ,
Executive Secretary.
NLRB-21, Judicial Case Management System-Pending Case List (JCMS-
PCL) and Associated Headquarters Files
NLRB-22, Judicial Case Management System-eRoom (JCMS-eRoom)
NLRB-23, Solicitor's System (SOL) and Associated Headquarters Files
NLRB-24, Trial Information Gathered on Electronic Records (TIGER)
and Associated Agency Files
NLRB-25, Case Activity Tracking System (CATS) and Associated
Regional Office Files
NLRB-26, Litigation Information on the Network (LION)
NLRB-27, Special Litigation Branch Case Tracking System (SPLIT) and
Associated Headquarters Files
NLRB-28, Regional Advice and Injunction Litigation System (RAILS)
and Associated Headquarters Files
NLRB-29, Work in Progress Database (WIP) and Associated Headquarters
Files
NLRB-30, Appeals Case Tracking System (ACTS) and Associated
Headquarters Files
NLRB-31, Office of Appeals Extension of Time System (EOTS)
NLRB-32, Freedom of Information Act Tracking System (FTS) and
Associated Agency Files
NLRB-21
SYSTEM NAME:
Judicial Case Management System-Pending Case List (JCMS-PCL) and
Associated Headquarters Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters, Office of the Executive Secretary, 1099 14th Street, NW.,
Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace
and telecommuting programs, or due to official travel, JCMS-PCL may
also be accessed from alternative worksites via the Internet, including
employees' homes. Associated Headquarters Files (or copies of such
files) also may be temporarily located at alternative worksites. All
appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Respondents in unfair labor practice cases before the
members of the National Labor Relations Board (``the Board'');
individual Employers in representation cases before the Board; current
and former Agency employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of unfair labor practice and representation
cases before the Board (such as names of parties, case status, and
Agency personnel assignments) is maintained in an electronic case
tracking system, JCMS-PCL. (2) Associated Headquarters Files are paper
records established and maintained for processing unfair labor practice
and representation proceedings before the Board. These records include
the Official Case Records maintained in the Agency's Headquarters. The
paper records are administrative and court records (such as unfair
labor practice charges, unfair labor practice complaints and answers,
representation petitions, briefs, motions and orders), correspondence,
legal research memoranda, and other related documents. These records
include the names of parties, and Agency employees assigned to the
cases. JCMS-PCL and Associated Headquarters Files may include parties'
home addresses and home telephone numbers, if such information is
provided to the Agency. Portions of these records include civil
investigatory and law enforcement information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 159, 160, 161; 44 U.S.C. 3101; and the Government
Performance and Results Act of 1993, Pub.L. 103-62, 107 Stat. 285
(codified in sections of Titles 5, 31, and 39 of the U.S. Code).
PURPOSE:
JCMS-PCL is an electronic case tracking system used by the Offices
of the Board (Members and their staffs, the Office of Representation
Appeals, the Office of the Solicitor, and the Office of the Executive
Secretary) to facilitate the accurate and timely collection, retrieval,
and retention of information regarding the processing of unfair labor
practice and representation cases before the Board. The information and
activities tracked by the system may be generated by the parties'
filing of briefs, motions, and other documents, or by deliberative,
analytical processes undertaken by Board employees assigned to cases.
This database stores current and historical information, and is used to
generate data for managing the Agency's case processing and resources,
creating the Agency's budget, preparing monthly and annual reports of
casehandling activities, and providing requested statistical reports to
the public. Limited information from JCMS-PCL is imported into NLRB-25,
the Case Activity Tracking System (CATS), which is a system of records
that tracks cases for the Agency's Regional Offices. Party and party-
representative contact information from JCMS-PCL is also made available
to the public on the Agency's Web site at http://www.nlrb.gov.
Associated Headquarters Files are paper files maintained to adjudicate
or otherwise resolve matters handled by the Board. These records
include the Official Case Records maintained in the Agency's
Headquarters. Other offices of the Agency, including the Division of
Judges located at Agency Headquarters and the Division of Enforcement
Litigation's Appellate Court Branch, also use these records for case
processing purposes. JCMS-PCL and Associated Headquarters Files may
also be used to assist in evaluating Agency employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by the names of individual Respondents in
unfair labor practice cases before the Board; names of individual
Employers in representation cases before the Board; names of current
and former Agency employees assigned to cases; as well as by non-
personal identifiers, such as case numbers assigned by the Agency.
[[Page 74944]]
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites or who may access JCMS-PCL from alternative
worksites are instructed as to keeping such information in a secure
manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
JCMS-PCL information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
Associated Headquarters Files are disposed of in accordance with the
Agency's Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Executive Secretary, National Labor Relations Board, Room 11600,
1099 14th Street, NW., Washington, DC 20570-0001.
NOTIFICATION PROCEDURES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
Sec. 102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR Sec. 102.117a(b)
and (c) (as newly designated in accompanying proposed amended
regulations).
CONTESTING RECORD PROCEDURE:
For records not exempted under 5 U.S.C. Sec. 552a(k)(2) of the
Privacy Act, an individual may request amendment of a record in this
system pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
For records not exempted under 5 U.S.C. Sec. 552a(k)(2) of the
Privacy Act, record source categories include parties in unfair labor
practice and representation cases; party representatives; witnesses in
Board proceedings; and individual Agency employees. Record source
categories also include documents relating to the processing of unfair
labor practice or representation cases by the Board, such as unfair
labor practice charges and complaints, representation petitions,
administrative law judge determinations, Board decisions, and decisions
from United States courts of appeal. JCMS-PCL also receives electronic
data from NLRB-22, JCMS-eRoom.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions
of this system, including records relating to requests pursuant to
Section 10(j) of the NLRA (29 U.S.C. 160(j)), requests to pursue
federal court contempt proceedings, and certain requests that the Board
initiate litigation or intervene in non-Agency litigation, from the
following provisions of the Privacy Act: 5 U.S.C. Sec. 552a (c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).
NLRB-22
SYSTEM NAME:
Judicial Case Management System-eRoom (JCMS-eRoom)
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on electronic media at Agency Headquarters,
Office of the Executive Secretary, 1099 14th Street, NW., Washington,
DC 20570. Additionally, pursuant to the Agency's flexiplace and
telecommuting programs, or due to official travel, JCMS-eRoom may also
be accessed from alternative worksites via the Internet, including
employees' homes. All appropriate safeguards will be taken at these
sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Charged Parties and Respondents in unfair labor practice
cases before the five-member National Labor Relations Board (``the
Board''); individual Employers in representation cases before the
Board; current and former Agency employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
Summary information of unfair labor practice and representation
cases before the Board (such as names of parties, case status, and
Agency personnel assignments) is maintained in an electronic case
tracking system, JCMS-eRoom. JCMS-eRoom also provides a collaborative
electronic space where documents are contained in a structured
repository. These records include the names of parties, and Agency
employees assigned to the cases.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 159, 160, 161; 44 U.S.C. 3101.
PURPOSE:
JCMS-eRoom is an electronic case tracking system used by the
Offices of the Board (Members and their staffs, the Office of
Representation Appeals, the Office of the Solicitor, and the Office of
the Executive Secretary) to facilitate the accurate and timely
collection, retrieval, and retention of information regarding the
processing of unfair labor practice and representation cases before the
Board. JCMS-eRoom is also used by Board employees to electronically
collaborate on the drafting of decisions and disposition of cases. The
information and activities tracked by the system may be generated by
the parties' filing of briefs, motions, and other documents, or by
deliberative, analytical processes undertaken by Board employees
assigned to cases. This database stores current and historical
information, and is used to generate data for managing the Agency's
case processing and resources. Limited information from JCMS-eRoom is
imported into NLRB-21, JCMS-PCL.
[[Page 74945]]
JCMS-eRoom may also be used to assist in evaluating Agency employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on electronic media.
RETRIEVABILITY:
Data may be retrieved by the names of individual Charged Parties
and Respondents in unfair labor practice cases before the Board; names
of individual Employers in representation cases before the Board; names
of current and former Agency employees assigned to cases; as well as by
non-personal identifiers, such as case numbers assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. The facilities are
protected from unauthorized access during non-working hours by the
Federal Protective Service or other security personnel. Those Agency
Headquarters employees who telecommute and may access JCMS-eRoom from
alternative worksites are instructed as to keeping such information in
a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
JCMS-eRoom information will be retained and disposed of in
accordance with appropriate Agency schedules that will be submitted to
the National Archives and Records Administration (NARA) for its
approval.
SYSTEM MANAGER AND ADDRESS:
Executive Secretary, National Labor Relations Board, Room 11600,
1099 14th Street, NW., Washington, DC 20570-0001.
NOTIFICATION PROCEDURES:
An individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
An individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 C.F.R. 102.117a(b) and
(c) (as newly designated in accompanying proposed amended regulations).
CONTESTING RECORD PROCEDURE:
An individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
Record source categories include parties in unfair labor practice
and representation cases; party representatives; witnesses in Board
proceedings; and individual Agency employees. Record source categories
also include documents relating to the processing of unfair labor
practice or representation cases by the Board, such as unfair labor
practice charges and complaints, representation petitions,
administrative law judge determinations, Board decisions, and decisions
from United States courts of appeal.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
NLRB-23
SYSTEM NAME:
Solicitors System (SOL) and Associated Headquarters Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters, Office of the Solicitor, 1099 14th Street, NW.,
Washington, DC 20570. Additionally, pursuant to the Agency's flexiplace
and telecommuting programs, or due to official travel, Associated
Headquarters Files (or copies of such files) also may be temporarily
located at alternative worksites. All appropriate safeguards will be
taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Charged Parties and Respondents in unfair labor practice
case matters regarding which the Office of the Solicitor advises the
five-member National Labor Relations Board (``the Board''); individual
Employers in representation case matters regarding which the Office of
the Solicitor advises the Board; non-Agency attorneys who are the
subjects of disciplinary proceedings under Section 102.177 of the
Board's Rules and Regulations; individuals who have filed petitions for
rulemaking with the Board; current and former Agency employees assigned
to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information (such as names of parties, case status, and
Agency personnel assignments) of matters regarding which the Office of
the Solicitor advises the Board (including limited unfair labor
practice and representation case matters, requests to initiate
litigation or intervene in non-Board litigation, cases under Section
102.177 of the Board's Rules and Regulations, and petitions for
rulemaking) is maintained in an electronic case tracking system, SOL.
(2) Associated Headquarters Files are paper records established and
maintained for processing the matters regarding which the Office of the
Solicitor advises the Board. The paper records are administrative and
court records (such as unfair labor practice charges, unfair labor
practice complaints and answers, representation petitions, briefs,
motions and orders), Section 102.177 charges and complaints, petitions
for rulemaking, correspondence, and intra-agency memoranda (such as
requests for authorization from the Board to initiate court litigation,
legal research memoranda, and other related documents). These records
include the names of parties and Agency employees assigned to the
cases. SOL and
[[Page 74946]]
Associated Headquarters Files may include parties' home addresses and
home telephone numbers, if such information is provided to the Agency.
Portions of these records include civil investigatory and law
enforcement information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 159, 160, 161; 44 U.S.C. 3101.
PURPOSE:
SOL is an electronic case tracking system used by the Office of the
Solicitor to facilitate the accurate and timely collection, retrieval,
and retention of information regarding the processing of unfair labor
practice, representation, and other case matters regarding which the
Office of the Solicitor advises the Board. The information and
activities tracked by the system may be generated by the parties'
filing of briefs, motions, and other documents, or by deliberative,
analytical processes undertaken by Board employees assigned to cases.
This database stores current and historical information, and is used to
generate data for managing the Agency's case processing and resources,
and preparing quarterly and annual reports of casehandling activities.
Associated Headquarters Files are paper files maintained to aid in
resolving matters advised on by the Solicitor's Office. The Associated
Headquarters Files may also be used to assist in evaluating Agency
employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by the names of individual Charged Parties
and Respondents in unfair labor practice case matters regarding which
the Office of the Solicitor advises the Board; names of individual
Employers in representation case matters regarding which the Office of
the Solicitor advises the Board; names of non-Agency attorneys who are
the subjects of disciplinary proceedings under Board Rule and
Regulation Section 102.177; names of individuals who have filed
petitions for rulemaking with the Board; names of current and former
Agency employees assigned to cases; as well as by non-personal
identifiers, such as case numbers assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites are instructed as to keeping such information
in a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
SOL information will be retained and disposed of in accordance with
appropriate Agency schedules that will be submitted to the National
Archives and Records Administration (NARA) for its approval. Associated
Headquarters Files are disposed of in accordance with the Agency's
Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Solicitor, National Labor Relations Board, Room 11800, 1099 14th
Street, NW, Washington, DC 20570-0001
NOTIFICATION PROCEDURES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117a(b) and (c)
(as newly designated in accompanying proposed amended regulations).
CONTESTING RECORD PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, record source categories include parties in unfair labor practice
cases, representation cases, Section 102.177 cases, and petitions for
rulemaking; party representatives; witnesses in Board proceedings; and
individual Agency employees. Record source categories also include
documents relating to the processing of cases regarding which the
Solicitor is advising the Board, such as unfair labor practice charges
and complaints, representation petitions, administrative law judge
determinations, Board decisions, and decisions from United States
courts of appeal.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions
of this system, including records relating to requests pursuant to
Section 10(j) of the NLRA (29 U.S.C. 160(j)), requests to pursue
federal court contempt proceedings, and certain requests that the Board
initiate litigation or intervene in non-Agency litigation, from the
following provisions of the Privacy Act: U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).
[[Page 74947]]
NLRB-24
SYSTEM NAME:
Trial Information Gathered on Electronic Records (TIGER) and
Associated Agency Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on electronic media at Agency Headquarters,
Division of Judges, and on paper and electronic media at the Division
of Judges' satellite offices in San Francisco, California, New York,
New York, and Atlanta, Georgia. See attached Appendix for addresses.
Additionally, pursuant to the Agency's flexiplace and telecommuting
programs, or due to official travel, TIGER may also be accessed from
alternative worksites via the Internet, including employees' homes.
Associated Agency Files (or copies of such files) also may be
temporarily located at alternative worksites. All appropriate
safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Respondents in pending unfair labor practice cases
before the Division of Judges and individual Employers in pending
representation cases before the Division of Judges; Agency
Administrative Law Judges assigned to pending cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of pending unfair labor practice and
representation cases before the Division of Judges (such as names of
parties, case status, and Agency Administrative Law Judges assigned to
cases) is maintained in an electronic case tracking system, TIGER. (2)
Associated Agency Files are paper records established and maintained
for processing unfair labor practice and representation cases before
the Division of Judges. The paper records are administrative records
(such as unfair labor practice charges, unfair labor practice
complaints and answers, representation petitions, briefs, motions and
orders), correspondence, legal memoranda, and other related documents.
These records include the names of parties and Agency Administrative
Law Judges assigned to the cases. Some of these paper records are
electronically scanned and placed in an eRoom for the Division of
Judges to use in resolving cases. Both TIGER and the Associated Agency
Files may include parties' home addresses and home telephone numbers,
if such information is provided to the Agency.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 554(d), 556, 557, 3105; 29 U.S.C. 153(d), 159, 160, 161;
44 U.S.C. 3101.
PURPOSE:
TIGER is an electronic case tracking system used by the Agency's
Division of Judges to facilitate the accurate and timely collection,
retrieval, and retention of information regarding unfair labor practice
and representation cases before the Division. The information and
activities tracked by the system may be generated by the parties'
filing of briefs, motions, and other documents, or by deliberative,
analytical processes undertaken by the Agency's Administrative Law
Judges or their staffs. This database stores current and historical
information, and is used to generate data for managing the Agency's
case processing and resources, creating the Agency's budget, preparing
monthly and annual reports of casehandling activities, and providing
requested statistical reports to the public. Associated Agency Files
are paper files maintained to adjudicate or otherwise resolve matters
handled by the Division of Judges.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual Respondents in pending
unfair labor practice cases before the Division of Judges; names of
individual Employers in pending representation cases before the
Division of Judges; individual numeric codes for Agency Administrative
Law Judges assigned to pending cases; as well as by non-personal
identifiers, such as case numbers assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated Agency
Files are maintained in staffed or locked areas during working hours.
The facilities are protected from unauthorized access during non-
working hours by the Federal Protective Service or other security
personnel. Those Agency employees who telecommute and may possess
Associated Agency Files (or copies of such files) at alternative
worksites or who may access TIGER from alternative worksites are
instructed as to keeping such information in a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
TIGER information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
Associated Agency Files are disposed of in accordance with the Agency's
Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Chief Administrative Law Judge, Division of Judges, National Labor
Relations Board, Room 5400, 1099 14th Street, NW., Washington, DC
20570-0001.
NOTIFICATION PROCEDURE:
An individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
An individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the
[[Page 74948]]
procedures set forth in 29 CFR 102.117a(b) and (c) (as newly designated
in accompanying proposed amended regulations).
CONTESTING RECORD PROCEDURE:
An individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
Record source categories include parties in unfair labor practice
and representation cases; party representatives; and witnesses in Board
proceedings. Record source categories also include official documents
from the record of unfair labor practice and representation cases
before the Division of Judges, such as unfair labor practice charges
and complaints, representation petitions, exhibits to administrative
proceedings, administrative law judge determinations, Board decisions,
and decisions from United States courts of appeal.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
NLRB-25
SYSTEM NAME:
Case Activity Tracking System (CATS) and Associated Regional Office
Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters and the Regional Offices. See attached Appendix for
addresses. Additionally, pursuant to the Agency's flexiplace and
telecommuting programs, or due to official travel, CATS may also be
accessed from alternative worksites via the Internet, including
employees' homes. Associated Regional Office Files (or copies of such
files) also may be temporarily located at alternative worksites. All
appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual parties in unfair labor practice and representation
cases before the Agency's Regional Offices; current and former Agency
employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of unfair labor practice and representation
cases before the Regional Offices (such as names of parties, case
status, and Agency personnel assignments) is maintained in the
electronic case tracking system, CATS. (2) Associated Regional Office
Files are paper and electronic records established and maintained for
processing unfair labor practice and representation proceedings before
the Regional Offices. The paper records are administrative and court
records (such as unfair labor practice charges, unfair labor practice
complaints and answers, representation petitions, briefs, motions and
orders), correspondence, legal research memoranda, and other related
documents. These records include the names of parties and current and
former Agency employees assigned to cases. Both CATS and the Associated
Regional Office Files may include parties'' home addresses and home
telephone numbers, if such information is provided to the Agency. These
records include civil investigatory and law enforcement information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 153(d), 159, 160, 161; 44 U.S.C. 3101; and the Government
Performance and Results Act of 1993, Pub.L. 103-62, 107 Stat. 285
(codified in sections of Titles 5, 31, and 39 of the U.S. Code).
PURPOSE:
CATS is an electronic case tracking system used by the Division of
Operations Management and the Regional Offices of the Agency to
facilitate the accurate and timely collection, retrieval, and retention
of information regarding unfair labor practice and representation cases
handled by the Agency. The information and activities tracked by the
system may be generated by the parties' filing of unfair labor practice
charges, representation petitions, briefs, motions, and other
documents, or by deliberative, analytical processes undertaken by the
Agency's employees. This database stores current and historical
information, and is used to generate data for managing the Agency's
case processing and resources, creating the Agency's budget, preparing
monthly and annual reports of casehandling activities, and providing
requested statistical reports to the public. Limited information in
CATS is exported into JCMS-PCL. The Associated Regional Office Files
are paper files maintained to litigate or otherwise resolve matters
handled by the Agency. The Associated Regional Office Files may be
temporarily transferred to offices at Agency Headquarters, in order to
aid in resolving cases handled by those offices. In addition, some
Regional Office Files are electronically scanned and placed in an eRoom
for the Agency's use in resolving cases. CATS and the Associated
Regional Office Files may also be used to assist in evaluating Agency
employee performance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual parties in unfair
labor practice and representation cases before the Agency's Regional
Offices; names of current and former Agency employees assigned to those
cases; as well as by non-personal identifiers, such as case numbers
assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Regional Office
Files are maintained in staffed or locked areas during working hours.
The facilities are protected from unauthorized access during non-
working hours by the Federal Protective Service or other security
personnel. Those Agency employees who telecommute and may possess
Regional Office Files (or copies of such files) at alternative
worksites or who may access CATS from alternative worksites are
instructed as to keeping such information in a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and
[[Page 74949]]
responsibilities are documented and consistent with the policies stated
in a memorandum titled ``NLRB Access Control Standards, Password
Management,'' and dated January 23, 2002. All network users are also
warned at the time of each network login that the system is for use by
authorized users only, and that unauthorized or improper use is a
violation of law.
RETENTION AND DISPOSAL:
CATS information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
Regional Office Files are disposed of in accordance with the Agency's
Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Associate General Counsel, Division of Operations Management,
National Labor Relations Board, Room 10200, 1099 14th Street, NW.,
Washington, DC 20570-0001.
NOTIFICATION PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
RECORD ACCESS PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
CONTESTING RECORD PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C.552a(k)(2).
RECORDS SOURCE CATEGORIES:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted this
system from the following provisions of the Privacy Act: 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
NLRB-26
SYSTEM NAME:
Litigation Information on the Network (LION).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on electronic media at Agency Headquarters,
Appellate Court Branch, Division of Enforcement Litigation, 1099 14th
Street, NW., Washington, DC 20570. Additionally, pursuant to the
Agency's flexiplace and telecommuting programs, or due to official
travel, LION may also be accessed from alternative worksites via the
Internet, including employees' homes. All appropriate safeguards will
be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Respondents before the Board in cases handled by the
Appellate Court Branch; individual Charging Parties who have filed
petitions for review in the federal courts of appeals; individual
parties who have intervened in federal courts of appeals proceedings
handled by the Appellate Court Branch; current and former Agency legal
technicians assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
Summary information of cases handled by the Appellate Court Branch
in the federal courts of appeals (such as names of parties, case
status, Agency personnel assignments, brief due dates, oral argument
dates, and court judgment dates) is maintained in an electronic case
tracking system, LION. LION may include parties' home addresses and
home telephone numbers, if such information is provided to the Agency.
Any paper records associated with LION are placed within the Associated
Headquarters Files for JCMS-PCL (NLRB-21).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 159, 160(e) and (f); 44 U.S.C. 3101.
PURPOSE:
LION is an electronic case tracking system used by the Appellate
Court Branch to facilitate the accurate and timely collection,
retrieval, and retention of information regarding unfair labor practice
cases referred to the Branch for enforcement or review in the federal
courts of appeals, pursuant to section 10(e) and (f) of the National
Labor Relations Act, 29 U.S.C. 160(e) and (f). The information and
activities tracked by the system may be generated by the parties'
filing of briefs, motions, and other documents, or by orders or other
documents received from the courts of appeals. This database stores
current and historical information, and is used to generate data for
managing the Agency's case processing and resources, creating the
Agency's budget, preparing monthly and annual reports of casehandling
activities, and providing requested statistical reports to the public.
Limited information from LION is exported into JCMS-PCL.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on electronic media.
RETRIEVABILITY:
Data may be retrieved by names of Individual Respondents before the
Board in cases handled by the Appellate Court Branch; names of
individual Charging Parties who have filed petitions for review in the
federal courts of appeals; names of individual parties who have
intervened in federal courts of appeals proceedings handled by the
Appellate Court Branch; names of current and former Agency legal
technicians; as well as by non-personal identifiers, such as case
numbers assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. The facilities are
protected from unauthorized access during non-working hours by the
Federal Protective Service or other security personnel. Those Agency
Headquarters employees who telecommute and may access LION from
alternative worksites are instructed as to keeping such information in
a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users
[[Page 74950]]
only, and that unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
LION information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
SYSTEM MANAGER AND ADDRESS:
Deputy Associate General Counsel, Appellate Court Branch, National
Labor Relations Board, Room 8100, 1099 14th Street, NW., Washington, DC
20570-0001.
NOTIFICATION PROCEDURE:
An individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
An individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117a(b) and (c)
(as newly designated in accompanying proposed amended regulations).
CONTESTING RECORD PROCEDURE:
An individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
Record source categories include parties in unfair labor practice
cases, and official documents from the administrative and court records
of unfair labor practice cases handled by the Appellate Court Branch,
such as unfair labor practice charges and complaints, exhibits to
administrative proceedings, administrative law judge determinations,
Board decisions, and decisions from United States courts of appeal.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
NLRB-27
SYSTEM NAME:
Special Litigation Branch Case Tracking System (SPLIT) and
Associated Headquarters Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters, Special Litigation Branch, Division of Enforcement
Litigation, 1099 14th Street, NW., Washington, DC 20570. Additionally,
pursuant to the Agency's flexiplace and telecommuting programs, or due
to official travel, Associated Headquarters Files (or copies of such
files) also may be temporarily located at alternative worksites. All
appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual parties or potential parties in matters referred to or
handled by the Special Litigation Branch of the Division of Enforcement
Litigation; current and former Agency employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of matters handled by the Special
Litigation Branch (such as names of parties, case status, case type,
due dates for court filings, and Agency personnel assignments) is
maintained in an electronic case tracking system, SPLIT. (2) Associated
Headquarters Files are paper records established and maintained for
processing Special Litigation Branch matters. The paper records are
administrative and court records (such as unfair labor practice and
court complaints and answers, transcripts, exhibits, briefs, motions,
Board decisions, court opinions and orders made in the adjudication of
cases, and case-docketing information), correspondence, legal research
memoranda, and other related documents. Both SPLIT and the Associated
Headquarters Files may include parties' home addresses and home
telephone numbers, if such information is provided to the Agency.
Portions of these records include civil investigatory and law
enforcement information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 153(d), 159, 160, 161; 44 U.S.C. 3101.
PURPOSE:
SPLIT is an electronic case tracking system used by the Special
Litigation Branch to facilitate the accurate and timely collection,
retrieval, and retention of information regarding the Branch's cases,
including those brought under the National Labor Relations Act, the
Equal Access to Justice Act, the Freedom of Information Act, the
Bankruptcy Code, the Privacy Act, and actions brought to mandate or
prohibit specific conduct by the Board, the General Counsel and other
Agency personnel. The information and activities tracked by the system
may be generated by the parties' filing of briefs, motions, and other
documents, by orders or other documents received from the Agency,
bankruptcy courts, district courts, and courts of appeals, or by
analytical processes undertaken by Board employees assigned to cases.
This database stores current and historical information, and is used to
generate data for managing the Agency's case processing and resources,
creating the Agency's budget, preparing monthly and annual reports of
casehandling activities, and providing requested statistical reports to
the public. The Associated Headquarters Files are paper files
maintained to litigate or otherwise resolve matters handled by the
Branch. SPLIT and the Associated Headquarters Files may also be used to
assist in evaluating Agency employee performance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual parties or potential
parties in matters referred to or handled by the Special Litigation
Branch; names of current and former Agency employees assigned to cases;
as well as by non-personal identifiers, such as case names and numbers
assigned by the Branch.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective
[[Page 74951]]
Service personnel, and other contractor and security personnel. All
other persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites are instructed as to keeping such information
in a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled NLRB Access
Control Standards, Password Management,'' and dated January 23, 2002.
All network users are also warned at the time of each network login
that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
SPLIT information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
Associated Headquarters Files are disposed of in accordance with the
Agency's Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Assistant General Counsel, Special Litigation Branch, National
Labor Relations Board, Room 8600, 1099 14th Street, NW., Washington, DC
20570-0001.
NOTIFICATION PROCEDURES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR Sec. 102.117a(b)
and (c) (as newly designated in accompanying proposed amended
regulations).
CONTESTING RECORD PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR Sec.
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, record source categories include parties in cases and potential
cases before the Special Litigation Branch, and administrative and
court records in matters handled by the Special Litigation Branch (such
as unfair labor practice complaints, transcripts, exhibits, briefs,
motions, Board decisions, court opinions and orders made in the
adjudication of cases, and case-docketing information), correspondence,
legal research memoranda, and other related documents.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions
of this system, including records relating to investigative subpoena
enforcement cases, injunction and mandamus actions regarding Agency
cases under investigation, bankruptcy claims in cases under
investigation, Freedom of Information Act cases involving investigatory
records, and certain requests that the Board initiate litigation or
intervene in non-Agency litigation, from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(l), and (f).
NLRB-28
SYSTEM NAME:
Regional Advice and Injunction Litigation System (RAILS) and
Associated Headquarters Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters, Division of Advice, 1099 14th Street, NW., Washington, DC
20570. Additionally, pursuant to the Agency's flexiplace and
telecommuting programs, or due to official travel, RAILS may also be
accessed from alternative worksites via the Internet, including
employees' homes. Associated Headquarters Files (or copies of such
files) also may be temporarily located at alternative worksites. All
appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Charged Parties and individual Respondents in unfair
labor practice cases referred to the Regional Advice and Injunction
Litigation Branches of the Division of Advice, including cases
involving temporary injunctive relief under Section 10(j) and (l) of
the National Labor Relations Act, 29 U.S.C. 169 (j), (l); current and
former Agency employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of unfair labor practice cases (such as
names of parties, case status, and Agency personnel assignments) is
maintained in an electronic case tracking system, RAILS. (2) Associated
Headquarters Files are paper records established and maintained for
processing Regional Advice and Injunction Litigation Branch cases. The
paper records are administrative and court records (such as unfair
labor practice charges, unfair labor practice complaints and answers,
transcripts, exhibits, briefs, motions, Board decisions, court opinions
and orders made in the adjudication of cases, and case-docketing
information), correspondence, legal research memoranda, and other
related documents. Both RAILS and the Associated Headquarters Files may
include parties' home addresses and home telephone numbers, if such
information is provided to the Agency. These records include civil
investigatory and law enforcement information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 153(d), 160(j) and (l), 161; 44 U.S.C. 3101.
PURPOSE:
RAILS is an electronic case tracking system used by the Regional
Advice and Injunction Litigation Branches to facilitate the accurate
and timely collection, retrieval, and retention of information
regarding unfair labor practice cases referred to the Branch, including
cases involving temporary injunctive relief under Section 10(j) and (l)
of the National Labor Relations Act,
[[Page 74952]]
29 U.S.C. 160(j) and (l). The information and activities tracked by the
system may be generated by the parties' filing of unfair labor practice
charges, briefs, motions, and other documents, or by deliberative,
analytical processes undertaken by Agency employees. This database
stores current and historical information, and is used to generate data
for managing the Agency's case processing and resources, creating the
Agency's budget, preparing monthly and annual reports of casehandling
activities, and providing requested statistical reports to the public.
The Associated Headquarters Files are paper files maintained to
litigate or otherwise resolve matters handled by the Branches. RAILS
and the Associated Headquarters Files may also be used to assist in
evaluating Agency employee performance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual Charged Parties and
individual Respondents in unfair labor practice cases referred to the
Regional Advice Branch; names of individual Charged Parties and
individual Respondents in unfair labor practice cases involving
temporary injunctive relief under Section 10(j) and (l) of the National
Labor Relations Act referred to the Injunction Litigation Branch; names
of current and former Agency employees assigned to cases; and by non-
personal identifiers, such as case numbers assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites or who may access RAILS from alternative
worksites are instructed as to keeping such information in a secure
manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
RAILS information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
Associated Headquarters Files are disposed of in accordance with the
Agency's Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Associate General Counsel, Division of Advice, National Labor
Relations Board, Room 10400, 1099 14th Street, NW., Washington, DC
20570-0001.
NOTIFICATION PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
RECORD ACCESS PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
CONTESTING RECORD PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
RECORDS SOURCE CATEGORIES:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted this
system from the following provisions of the Privacy Act: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
NLRB-29
SYSTEM NAME:
Work in Progress (WIP) and Associated Headquarters Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters, Division of Advice, Office of Legal Research and Policy
Planning, 1099 14th Street, NW., Washington, DC 20570. Additionally,
pursuant to the Agency's flexiplace and telecommuting programs, or due
to official travel, Associated Headquarters Files (or copies of such
files) also may be temporarily located at alternative worksites. All
appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual parties in cases decided by the Board and related court
cases; current and former Agency employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of the Agency's internal legal research
database of Board and related court decisions, including summaries and
classifications of those decisions, names of parties in decisions, work
completion status, and Agency personnel assignments, is maintained in
an electronic case tracking system, WIP. (2) Associated Headquarters
Files are paper records established and maintained to create summaries
and classifications of Board and related court decisions. The paper
records include the names of current and former Agency employees
assigned to create the summaries and classifications, as well as Board
and federal court decisions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 153(d), 160; 44 U.S.C. 3101.
PURPOSE:
WIP is an electronic case tracking system used by the Legal
Research and Policy Planning Branch to collect, classify and summarize
decisions issued by the Board and courts, as well as to store, maintain
and retrieve the classifications and summaries. The information and
activities tracked by the system may be generated by the issuance of
Board and court decisions, or by the commencement or completion of work
by Agency employees. This
[[Page 74953]]
database stores current and historical information, and is used to
generate data for case assignment. The classifications and summaries
are also published in the Classified Index of National Labor Relations
Board Decisions and Related Court Decisions, as well as on a public
electronic research database called CITENET. The Associated
Headquarters Files are paper files maintained to aid in preparing the
classifications and summaries. WIP and the Associated Headquarters
Files may also be used to assist in evaluating Agency employee
performance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are those listed
in the General Prefatory Statement to this document, items numbered 7-
10 and 12-15 only.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual parties in cases
decided by the Board and related court cases; current and former Agency
employees assigned to cases; as well as by non-personal identifiers,
such as Agency case numbers.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites are instructed as to keeping such information
in a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
WIP information will be retained and disposed of in accordance with
appropriate Agency schedules that will be submitted to the National
Archives and Records Administration (NARA) for its approval. Associated
Headquarters Files are disposed of in accordance with the Agency's
Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Assistant General Counsel, Legal Research and Policy Planning
Branch, Division of Advice, National Labor Relations Board, Room 10600,
1099 14th Street, NW., Washington, DC 20570-0001.
NOTIFICATION PROCEDURE:
An individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
An individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117a(b) and (c)
(as newly designated in accompanying proposed amended regulations).
CONTESTING RECORD PROCEDURE:
An individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
Record source categories include Board and federal court decisions,
and current and former Agency employees of the Legal Research and
Policy Planning Branch.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
NLRB-30
SYSTEM NAME:
Appeals Case Tracking System (ACTS) and Associated Headquarters
Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters, Office of Appeals, Division of Enforcement Litigation,
1099 14th Street, NW., Washington, DC 20570. Additionally, pursuant to
the Agency's flexiplace and telecommuting programs, or due to official
travel, ACTS may also be accessed from alternative worksites via the
Internet, including employees' homes. Associated Headquarters Files (or
copies of such files) also may be temporarily located at alternative
worksites. All appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual parties in unfair labor practice cases in which appeals
of Regional Directors' dismissals of charges or limited other decisions
have been filed with the Office of Appeals; current and former Agency
employees assigned to cases.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of appeals in unfair labor practice cases
in which appeals of Regional Directors' dismissals of charges or
limited other decisions have been filed with the Office of Appeals
(such as names of parties, case status, and Agency personnel
assignments) is maintained in an electronic case tracking system, ACTS.
(2) Associated Headquarters Files are paper records used for processing
appeals of Regional Directors' dismissals of unfair labor practice
charges and limited other decisions by Regional Directors. The paper
records are administrative records (such as unfair labor practice
charges, party position statements, Regional Directors'
determinations), correspondence, legal research memoranda, and other
related documents. These records include the names of parties and
current and former Agency employees assigned to cases. Both ACTS and
the Associated Headquarters Files may include parties'
[[Page 74954]]
home addresses and home telephone numbers, if such information is
provided to the Agency. These records include civil investigatory and
law enforcement information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 153(d); 44 U.S.C. 3101.
PURPOSE:
ACTS is an electronic case tracking system used by the Office of
Appeals to facilitate the accurate and timely collection, retrieval,
and retention of information regarding appeals of decisions of Regional
Directors, including decisions dismissing unfair labor practice
charges, deferring proceedings to parties' contractual grievance-
arbitration processes, or closing unfair labor practice cases upon
compliance action. The information and activities tracked by the system
may be generated by the parties' filing of appeals and position
statements, or by deliberative, analytical processes undertaken by
Agency employees. This database stores current and historical
information, and is used to generate data for managing the Agency's
case processing and resources, creating the Agency's budget, preparing
monthly and annual reports of casehandling activities, and providing
requested statistical reports to the public. The Associated
Headquarters Files are paper files maintained to resolve matters
handled by the Office of Appeals. ACTS and the Associated Headquarters
Files may also be used to assist in evaluating Agency employee
performance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual parties in unfair
labor practice cases in which appeals of Regional Directors' dismissals
of charges or limited other decisions have been filed with the Office
of Appeals; names of current and former Agency employees assigned to
cases; as well as by non-personal identifiers, such as case numbers
assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites or who may access ACTS from alternative
worksites are instructed as to keeping such information in a secure
manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
ACTS information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
Associated Headquarters Files are disposed of in accordance with the
Agency's Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Appeals, National Labor Relations Board, Room
8820, 1099 14th Street, NW., Washington, DC 20570-0001.
NOTIFICATION PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
RECORD ACCESS PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
CONTESTING RECORD PROCEDURE:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
RECORDS SOURCE CATEGORIES:
This system is exempt from this provision of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted this
system from the following provisions of the Privacy Act: 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
NLRB-31
SYSTEM NAME:
Office of Appeals Extension of Time System (EOTS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on electronic media at Agency Headquarters,
Office of Appeals, Division of Enforcement Litigation, 1099 14th
Street, NW., Washington, DC 20570-0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual Charged Parties in unfair labor practice proceedings in
which charging parties have electronically requested extensions of time
from the Office of Appeals to file appeals of dismissals of charges or
limited other decisions of Regional Directors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Summary information of cases in which Charging Parties in unfair
labor practice proceedings who have electronically requested extensions
of time to file appeals of dismissals of charges or limited other
decisions of Regional Directors (such as names of parties, case status,
and Agency personnel assignments) is maintained in an electronic case
tracking system, EOTS. The system includes information relevant to
extension of time requests such as the current due date for the appeal,
the requested due date, the reasons for the requested extension of
time, and whether the request has been granted or denied. EOTS may
include individual parties' home addresses and home telephone numbers,
if such information is provided to the Agency. Any paper records
associated with EOTS are placed within the Associated Headquarters
Files for ACTS (NLRB-30).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 153(d); 44 U.S.C. 3101.
[[Page 74955]]
PURPOSE:
EOTS is an electronic case tracking system used by the Office of
Appeals to enable parties in an unfair labor practice proceeding to
request extensions of time to appeal decisions of Regional Directors
dismissing unfair labor practice charges, deferring proceedings to
parties' contractual grievance-arbitration processes, or closing unfair
labor practice cases upon compliance action. The system is also used to
notify Regional Offices that requests for extensions of time have been
received. The information and activities tracked by the system may be
generated by the parties' requests for extensions of time, or by the
Office of Appeals' responses to those requests. This database stores
current and historical information, and is used to generate data for
managing the Agency's case processing and resources, creating the
Agency's budget, preparing monthly and annual reports of casehandling
activities, and providing requested statistical reports to the public.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are those listed
in the General Prefatory Statement to this document, items numbered 4,
7-10, and 12-15 only.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on electronic media.
RETRIEVABILITY:
Data may be retrieved by names of individual Charged Parties in
unfair labor practice proceedings in which charging parties have
electronically requested extensions of time to file appeals of
dismissals of charges or limited other decisions of Regional Directors;
and non-personal identifiers, such as case numbers assigned by the
Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. The facilities are
protected from unauthorized access during non-working hours by the
Federal Protective Service or other security personnel. Those Agency
Headquarters employees who telecommute and may access EOTS from
alternative worksites are instructed as to keeping such information in
a secure manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
EOTS information will be retained and disposed of in accordance
with appropriate Agency schedules that will be submitted to the
National Archives and Records Administration (NARA) for its approval.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Appeals, National Labor Relations Board, Room
8820, 1099 14th Street, NW., Washington, DC 20570-0001.
NOTIFICATION PROCEDURE:
An individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
An individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.117a(b) and (c)
(as newly designated in accompanying proposed amended regulations).
CONTESTING RECORD PROCEDURE:
An individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
Record source categories include charging parties in unfair labor
practice cases; party representatives; and also include official
documents from the record of unfair labor practice cases, such as
unfair labor practice charges and Regional Directors' dismissals.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
NLRB-32
SYSTEM NAME:
Freedom of Information Act Tracking System (FTS) and Associated
Agency Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on paper and electronic media at Agency
Headquarters and the Regional Offices. See attached Appendix for
addresses. Additionally, pursuant to the Agency's flexiplace and
telecommuting programs, or due to official travel, FTS may also be
accessed from alternative worksites via the Internet, including
employees' homes. Associated Agency Files (or copies of such files)
also may be temporarily located at alternative worksites. All
appropriate safeguards will be taken at these sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals making FOIA requests for documents maintained by the
Agency and those requesters appealing initial agency FOIA
determinations (``FOIA appellants''); individual parties in Agency and
related judicial proceedings named in FOIA requests; current and former
Agency employees assigned to process FOIA requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of FOIA requests and appeals made to the
Agency (such as requester contact information, assumption of fees
information, request information, appeal information, and Agency
personnel assigned to process FOIA requests) is maintained in an
electronic case tracking system, FTS. (2) Associated Agency Files are
paper records concerning the processing of initial FOIA requests to the
Agency and appeals of those initial determinations. The paper records
are administrative records (such as FOIA requests, initial Agency
determinations, documents
[[Page 74956]]
responsive to the FOIA requests, documents withheld from FOIA
requesters, final Agency determinations on appeal, and bills to the
requesters for chargeable fees), correspondence, legal research
memoranda, and other related documents. Both FTS and the Associated
Agency Files may include FOIA requesters' and FOIA appellants' home
addresses and home telephone numbers, if such information is provided
to the Agency. Portions of these records include civil investigatory
and law enforcement information contained in the requested documents at
issue.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552; 44 U.S.C. 3101.
PURPOSE:
FTS is an electronic case tracking system used by the Legal
Research Section, the Regional Offices, the Office of Appeals, the
Office of the Executive Secretary, and the Office of the Solicitor to
facilitate the accurate and timely collection, retrieval, and retention
of information to track FOIA requests from the public for documents
maintained by the Agency, as well as appeals of Agency FOIA
determinations. The information and activities tracked by the system
may be generated by the parties' filing of FOIA requests, the issuance
of initial FOIA determinations, the parties' filing of FOIA appeals,
and the Agency's final determinations. FTS is used to track the
processing of FOIA requests from initial receipt of requests through
Agency determination on appeal, the nature of records sought,
exemptions claimed by the Agency in initial determinations, processing
time, and any fee charges. This database stores current and historical
information, and is used to generate data for managing the Agency's
resources, creating the Agency's budget, preparing monthly and annual
reports of casehandling activities, and providing requested statistical
reports to the public. The Associated Agency Files are paper files
maintained to document FOIA requests and FOIA appeals handled by the
Agency. FTS and the Associated Agency Files may also be used to assist
in evaluating Agency employee performance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The standard routine uses applying to this system are listed in the
General Prefatory Statement to this document.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Data is maintained on paper and electronic media.
RETRIEVABILITY:
Data may be retrieved by individual names of those making FOIA
requests and FOIA appeals to the Agency; names of parties in Agency or
related judicial proceedings named in FOIA requests, names of current
and former Agency employees assigned to cases; as well as by non-
personal identifiers, such as case numbers assigned by the Agency.
SAFEGUARDS:
Access to Agency working and storage areas is restricted to Agency
employees who have a need to use the information in order to perform
their duties, custodial personnel, Federal Protective Service
personnel, and other contractor and security personnel. All other
persons are required to be escorted in Agency areas. Associated
Headquarters Files are maintained in staffed or locked areas during
working hours. The facilities are protected from unauthorized access
during non-working hours by the Federal Protective Service or other
security personnel. Those Agency Headquarters employees who telecommute
and may possess Associated Headquarters Files (or copies of such files)
at alternative worksites or who may access FTS from alternative
worksites are instructed as to keeping such information in a secure
manner.
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in a memorandum titled ``NLRB
Access Control Standards, Password Management,'' and dated January 23,
2002. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law.
RETENTION AND DISPOSAL:
FTS information will be retained and disposed of in accordance with
appropriate Agency schedules that will be submitted to the National
Archives and Records Administration (NARA) for its approval. Associated
Agency Files are disposed of in accordance with the Agency's
Disposition Standards Records, as approved by NARA.
SYSTEM MANAGER AND ADDRESS:
Assistant General Counsel/Freedom of Information Officer, Legal
Research and Policy Planning Branch, Division of Advice, National Labor
Relations Board, Room 10600, 1099 14th Street, NW., Washington, DC
20570-0001.
NOTIFICATION PROCEDURES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
Sec. 102.117a(a) (as newly designated in accompanying proposed amended
regulations).
RECORD ACCESS PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual seeking to gain access to records in this system
pertaining to such individual should contact the System Manager in
accordance with the procedures set forth in 29 CFR Sec. 102.117a(b)
and (c) (as newly designated in accompanying proposed amended
regulations).
CONTESTING RECORD PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may request amendment of a record in this system
pertaining to such individual by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR Sec.
102.117a(d) (as newly designated in accompanying proposed amended
regulations).
RECORDS SOURCE CATEGORIES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, record source categories include Agency employees processing FOIA
requests, FOIA requesters and appellants, and documents relating to the
processing of a FOIA request.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions
of this system, including investigatory material compiled for law
enforcement purposes and requested under the FOIA, from the following
provisions of the Privacy Act: 5 U.S.C. 552a (c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).
Dated: Washington, DC.
By direction of the Board.
Lester A. Heltzer,
Executive Secretary
[[Page 74957]]
Names and Addresses of NLRB Offices Referenced in Notice of Records
Systems Shown Above
NLRB Headquarters Offices, 1099 14th Street, NW, Washington, DC 20570-
0001
Offices of the Board
Members of the Board
NLRB
Executive Secretary
Office of the Executive Secretary, Director
Office of Representation Appeals, Director
Division of Information
Solicitor
Inspector General
Office of Inspector General
Division of Judges, 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, 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, 10 Causeway Street, Room 601, Boston,
Massachusetts 02222-1072
Regional Director, Region 2, 26 Federal Plaza, Room 3614, New York, New
York 10278-0104
Regional Director, Region 3, Niagara Center Building, 130 South Elmwood
Avenue, 6th Floor, Buffalo, New York 14202-2465
Resident Officer, Leo W. O'Brien Federal Building, Clinton Avenue and
N. Pearl Street, Room 342, Albany, New York 12207-2350
Regional Director, Region 4, 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 21202-4061?????
Resident Officer, Washington Resident Office, 1099 14th Street, NW--
Suite 5530, Washington, DC 20570-0001
Regional Director, Region 6, Two Chatham Center, 112 Washington Place,
Suite 510, Pittsburgh Pennsylvania 15219-3458
Regional Director, Region 7, 477 Michigan Avenue--Room 300, Detroit,
Michigan 48226-2569
Resident Officer, Grand Rapids Resident Office, 82 Ionia NW--Room 330,
Grand Rapids, Michigan 49503-3022
Regional Director, Region 8, 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, 233 Peachtree Street NE, Harris Tower,
Suite 1000, Atlanta, Georgia 30303-1531
Resident Officer, Ridge Park Place, Suite 3400, 1130 South 22nd Street,
Birmingham, Alabama 35205-2870
Regional Director, Region 11, Republic Square, Suite 200, 4035
University Parkway, Winston Salem, North Carolina 27106-3323 or P.O.
Box 11467, Winston-Salem, North Carolina 27116-1467
Regional Director, Region 12, 201 East Kennedy Boulevard, Suite 530,
Tampa, Florida 33602-5824
Resident Officer, 550 Water Street, Suite 340, Jacksonville, Florida
32202-5177
Resident Officer, Federal Building, Room 1320, 511 SW 1st Avenue,
Miami, Florida 33130-1623
Regional Director, Region 13, The Rookery Building, 209 South LaSalle
Street, Suite 900, Chicago, Illinois 60604-1219
Regional Director, Region 14, 1222 Spruce Street, Room 8.302, Saint
Louis, Missouri 63103-2829
Officer in Charge, Subregion 33, Hamilton Square Building, Suite 200,
300 Hamilton Boulevard, Peoria, Illinois 61602-1246
Regional Director, Region 15, 1515 Poydras Street, Room 610, New
Orleans, Louisiana 70112-3723
Regional Director, Region 16, 819 Taylor Street, Room 8A24, Fort Worth,
Texas 76102-6178
Resident Officer, Mickey Leland Federal Building, 1919 Smith Street,
Suite 1545, Houston, Texas 77002
Resident Officer, San Antonio Resident Office, Travis Park Plaza
building, 711 Navarro Street, Suite 705, San Antonio, Texas 78205-1711
Regional Director, Region 17, 8600 Farley Street, Suite 100, Overland
Park, Kansas 66212-4677
Resident Officer, 224 South Boulder Avenue, Room 318, Tulsa, Oklahoma
74103-3027
Regional Director, Region 18, 330 South Second Avenue, Suite 790,
Minneapolis, Minnesota 55401-2221
Resident Officer, 210 Walnut Street, Room 439, Des Moines, Iowa 50309-
2103
Regional Director, Region 19, 915 Second Avenue, Room 2948, Seattle,
Washington 98174-1078
Resident Officer, Elevation 92 Building, 1007 West 3rd Avenue, Suite
206, Anchorage, Alaska 99501-1936
Officer in Charge--Subregion 36, 601 SW 2nd Avenue, Suite 1910,
Portland, Oregon 97204-3170
Regional Director, Region 20, 901 Market Street, Suite 400, San
Francisco, California 94103-1735
Officer in Charge--Subregion 37, 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, 555 West Beech Street, Room 418, San Diego,
California 92101-2939
Regional Director, Region 22, 20 Washington Place, 5th Floor, Newark,
New Jersey 07102-3110
Regional Director, Region 24, Hato Rey, PR, La Torre de Plaza, Suite
1002, 525 F.D. Roosevelt Avenue, San Juan, Puerto Rico 00918-1002
Regional Director, Region 25, 575 North Pennsylvania Street--Room 238,
Indianapolis, Indiana 46204-1577
Region Director, Region 26, The Brinkley Plaza Building, Suite 350, 80
Monroe Avenue, Memphis, Tennessee 38103-2416
Resident Officer, Metropolitan National Bank Building, 425 West Capitol
Avenue, Suite 1615, Little Rock, Arkansas 72201-3489
Resident Officer, Nashville Resident Office, 810 Broadway, Suite 320,
Nashville, Tennessee 37203-3859
Regional Director, Region 27, 600 17th Street, 7th Floor, North Tower,
Denver, Colorado 80202-5433
Regional Director, Region 28, 2600 North Central Avenue, Suite 1800,
Phoenix, Arizona 85004-3099
Resident Officer, 505 Marquette Avenue, NW, Suite 1820, Albuquerque,
New Mexico 87102-2181
Resident Officer, 600 Las Vegas Boulevard South, Suite 400, Las Vegas,
Nevada 89101-6637
Regional Director, Region 29, Two Metro Tech Center, 100 Myrtle
[[Page 74958]]
Avenue--5th Floor, Brooklyn, New York 11201-4201
Regional Director, Region 30, 310 West Wisconsin Avenue, Suite 700,
Milwaukee, Wisconsin 53203-2211
Regional Director, Region 31, 11150 West Olympic Boulevard, Suite 700,
Los Angeles, California 90064-1824
Regional Director, Region 32, Ronald V. Dellums Federal Building and
Courthouse, 1301 Clay Street, Suite 300N, Oakland, California 94612-
5211
Regional Director, Region 34, 280 Trumbull Street, 21st Floor,
Hartford, Connecticut 06103-3503
[FR Doc. 06-9683 Filed 12-12-06; 8:45 am]
BILLING CODE 7545-01-P