Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30129 

component and/or individual against 

whom the grievance was filed. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to a record 

in this system, contact the system 

manager at the above address. Your 

request must meet the requirements of 

the at 34 CFR 5b.5, including proof of 

identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

records regarding you in this system, 

contact the system manager at the above 

address and reasonably identify the 

record and specify the information 

contested. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is obtained directly from information 

supplied by the individual; testimony of 

witnesses, union officials, or by 

Department officials. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–05–07 

SYSTEM NAME: 

Unfair Labor Practice Records. 

SYSTEM CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Labor Relations Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Ave., SW., 

Room 2C136, Washington, DC 20202– 

4754. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

present and past Department employees 

and union officials. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system of records consists of a 

variety of records relating to an unfair 

labor practice charge including the 

employee’s name, Social Security 

number, grade, job title, employment 

history and a variety of work and 

personnel records associated with the 

charges and required under proceedings 

established by 5 U.S.C. 7101 and 

Department of Labor Regulations. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 7101. 

PURPOSES: 

The information in this system is used 

in the processing, investigation and 

litigation of unfair labor practice charges 

that may be filed by the AFGE Council 

252, any of the AFGE Local offices 

located at Department Headquarters and 

each of 10 regional offices and by 

bargaining unit employees of the 

Department. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSE OF SUCH USES: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purposes for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the 

Act, under a computer matching 

agreement. 

(1) Agency Disclosure. The 

Department may disclose information 

from this system to the Office of 

Personnel Management, Merit Systems 

Protection Board (including its Office of 

Special Counsel), Equal Employment 

Opportunity Commission, and the 

Federal Labor Relations Authority 

(including the General Counsel of the 

Authority and the Federal Systems 

Impasses Panel) to facilitate their 

administrative or enforcement 

functions. 

(2) Congressional Member Disclosure. 

The Department may disclose records to 

a member of Congress from the record 

of an individual in response to an 

inquiry from the member made at the 

written request of that individual. The 

member’s right to the information is no 

greater than the right of the individual 

who requested it. 

(3) Litigation and Alternative Dispute 

Resolution (ADR) Disclosures. 

(a) Introduction. In the event that one 

of the parties listed below is involved in 

litigation or ADR, or has an interest in 

litigation ADR, the Department may 

disclose certain records to the parties 

described in paragraphs (b), (c) and (d) 

of this routine use under the conditions 

specified in those paragraphs: 

(i) The Department of Education, or 

any component of the Department; or 

(ii) Any Department employee in his 

or her official capacity; or 

(iii) Any Department employee in his 

or her individual capacity if the 

Department of Justice (DOJ) has agreed 

to provide or arrange for representation 

for the employee; 

(iv) Any Department employee in his 

or her individual capacity where the 

agency has agreed to represent the 

employee; or 

1(v) The United States where the 

Department determines that the 

litigation is likely to affect the 

Department or any of its components; 

(vi) The arbitrator that the Department 

and AFGE Council 252 contracts to hear 

arbitration hearings as the result of 

invocation of arbitration under the 

collective bargaining agreement between 

them. 

(b) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation or ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(c) Administrative Disclosures. If the 

Department determines that disclosure 

of certain records to an adjudicative 

body before which the Department is 

authorized to appear, an individual or 

entity designated by the Department or 

otherwise empowered to resolve or 

mediate disputes is relevant and 

necessary to the administrative 

litigation, the Department may disclose 

those records as a routine use to the 

adjudicative body, individual, or entity. 

(d) Parties, counsels, representatives 

and witnesses. If the Department 

determines that disclosure of certain 

records to a party, counsel, 

representative or witness in an 

administrative proceeding is relevant 

and necessary to the litigation, the 

Department may disclose those records 

as a routine use to the party, counsel, 

representative or witness. 

DISCLOSURE TO CONSUMER REPORTING 

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in hard copy 

and a list of individual names are kept 

on electronic media. 

RETRIEVABILITY: 

Records are retrievable by file number 

which are cross-referenced by 

individual names. 

SAFEGUARDS: 

When not in use by authorized 

persons, these records are stored in 

metal file cabinets stored within the 

secured suite of the Labor Relations 

Group. Access to and use of these 

records are limited to personnel who 

have a need for the records in the 

performance of official duties. 
30130 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

RETENTION AND DISPOSAL: 

According to the Records Retention 

Schedule of the NARA, records are 

maintained for 5 years. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Labor Relations Group, U.S. 

Department of Education, 400 Maryland 

Ave., SW., Room 2C136, Washington, 

DC 20202-4754. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, provide the system 

manager with your name, approximate 

date of record, the unfair labor practice 

charges as specified by the complainant, 

and management component against 

which the charge was filed. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to a record 

in this system, contact the system 

manager at the above address. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

records regarding you in this system, 

contact the system manager at the above 

address and reasonably identify the 

record and specify the information 

contested. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.7. 

RECORD SOURCE CATAGORIES: 

Information in this system of records 

is: 

(1) Supplied directly by the 

individual; or 

(2) Derived from information supplied 

by the individual; or 

(3) Supplied by testimony of 

witnesses; or 

(4) Supplied by Department officials. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISISIONS 

OF THE ACT: 

None. 

18–05–08 

SYSTEM NAME: 

Official Time Records of Union 

Officials and Bargaining Unit 

Employees at the Department of 

Education. 

SYSTEM CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Labor Relations Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Washington, DC 20202-4754. See the 

Appendix at the end of this system 

notice for additional system locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

current and former Department 

professional and nonprofessional 

employees who are non-temporary, nonschedule C, non-supervisory and nonmanagerial employees and union 

officials who report use of official time 

as defined under the Federal Service 

Labor-Management Relations Statute, 5 

U.S.C. 7101. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system of records consists of the 

individual employees’ Department 

Flexible Schedule Certification Form 

and the electronic transcript of the 

number of hours attributable for each 

pay period into an active accounting of 

total hours used by each individual 

employee to be reported to authorized 

Executive Branch agencies and to the 

Congress as requested. 

AUTHORITY FOR THE MAINTENANCE OF THE 

SYSTEM: 

Federal Service Labor Management 

Relations Statute (FSLMRS), 5 U.S.C. 

7101. 

PURPOSES: 

The information contained in this 

system is used to determine compliance 

with the collective bargaining agreement 

between the U.S. Department of 

Education and the American Federation 

of Government Employees’ Council of 

Education Locals, No. 252 under the 

FSLMRS and to produce reports as may 

be required by the Congress. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATAGORIES OF USERS AND 

THE PURPOSE OF SUCH USES: 

The Department of Education 

(Department) may disclose information 

contained in a record in this system of 

records under the routine uses listed in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purposes for which the record was 

collected. These disclosures may be 

made on a case-by-case basis or, if the 

Department has complied with the 

computer matching requirements of the 

Act, under a computer matching 

agreement. 

(1) Agency Disclosure. The 

Department may disclose information 

from this system to the Office of 

Personnel Management, Merit Systems 

Protection Board (including its Office of 

Special Counsel), Equal Employment 

Opportunity Commission, and the 

Federal Labor Relations Authority 

(including the General Counsel of the 

Authority and the Federal Systems 

Impasses Panel) to facilitate their 

administrative or enforcement 

functions. 

(2) Congressional Member Disclosure. 

The Department may disclose records to 

a member of Congress from the record 

of an individual in response to an 

inquiry from the member made at the 

written request of that individual. The 

member’s right to the information is no 

greater than the right of the individual 

who requested it. 

(3) Litigation and Alternative Dispute 

Resolution (ADR) Disclosures. 

(a) Introduction. In the event that one 

of the parties listed below is involved in 

litigation or ADR, or has an interest in 

litigation ADR, the Department may 

disclose certain records to the parties 

described in paragraphs (b), (c) and (d) 

of this routine use under the conditions 

specified in those paragraphs: 

(i) The Department of Education, or 

any component of the Department; or 

(ii) Any Department employee in his 

or her official capacity; or 

(iii) Any Department employee in his 

or her individual capacity if the 

Department of Justice (DOJ) has agreed 

to provide or arrange for representation 

for the employee; 

(iv) Any Department employee in his 

or her individual capacity where the 

agency has agreed to represent the 

employee; or 

(v) The United States where the 

Department determines that the 

litigation is likely to affect the 

Department or any of its components; 

(vi) The arbitrator that the Department 

and AFGE Council 252 contracts to hear 

arbitration hearings as the result of 

invocation of arbitration under the 

collective bargaining agreement between 

them. 

(b) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation or ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(c) Administrative Disclosures. If the 

Department determines that disclosure 

of certain records to an adjudicative 

body before which the Department is 

authorized to appear, an individual or 

entity designated by the Department or 

otherwise empowered to resolve or 

mediate disputes is relevant and 

necessary to the administrative 

litigation, the Department may disclose 

those records as a routine use to the 

adjudicative body, individual, or entity. 

(d) Parties, counsels, representatives 

and witnesses. If the Department