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 Billing Code 6732-01-P 

FEDERAL MEDIATION AND CONCILIATION SERVICE

PRIVACY ACT of 1974; SYSTEM of RECORDS

AGENCY: Federal Mediation and Conciliation Service

ACTION: Notice of a modified system of records. 

SUMMARY: To fulfill its conflict resolution and training mission, Federal Mediation 

and Conciliation Service (FMCS) uses Microsoft SharePoint, Microsoft Outlook, and a 

case records management system new to FMCS to enable mediators and managers to 

manage cases, manage reporting requirements, provide data for research and training, 

store recorded trainings and meetings, and collect information on Agency operations. The 

Agency’s internal drives, SharePoint, Outlook, Cloud-based services such as Zoom.gov 

and Microsoft Teams, and a case records management system are used to store electronic 

case tracking information, electronic case files (including mediation agreements), and 

recorded meetings and trainings, permitting the accurate and timely collection, retrieval, 

and retention of information maintained by offices of the Agency. Inter-Agency 

Agreements (IAA), agreements for reimbursable services, and requests for mediation and 

training are also stored in these locations. IAAs and agreements for reimbursable services 

allow FMCS to provide requested services, such as training and labor dispute resolution, 

to other federal agencies. The notice amendment includes administrative updates to 

refine details published under summary, supplementary information, record source 

categories, routine uses, and the history section. These sections are amended to refine 

previously published information about the system of records. The dates, addresses, for 

further information contact, system name, security classification, system location, system 

manager, authority for maintenance of the system, purpose of the system, categories of 
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individuals covered by the system, categories of records in the system, policies and 

practices for storage of records, policies and practices for retrieval of records, policies 

and procedures for retention and disposal of records, administrative safeguards, record 

access procedures, contesting records procedures, notification procedures, and 

exemptions promulgated remain unchanged. This amended SORN deletes and 

supersedes the SORN published in the Federal Register on March 16, 2022. 

DATES: This system of records will be effective without further notice on [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER] unless otherwise revised pursuant to comments received. Comments must 

be received on or before [INSERT DATE 30 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. 

ADDRESSES: You may send comments, identified by FMCS-0004 by any of the 

following methods: 

• Mail: Office of General Counsel, 250 E Street, SW, Washington, DC 20427. 

• E-mail: register@fmcs.gov. Include FMCS-0004 on the subject line of the 

message.

• Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Anna Davis, General Counsel, at 

adavis@fmcs.gov or 202-606-3737. 

SUPPLEMENTARY INFORMATION: 

The notice amendment includes administrative updates to refine details published 

under summary, supplementary information, record source categories, routine uses, and 

the history section. These sections are amended to refine previously published 
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information about the system of records. The dates, addresses, for further information 

contact, system name, security classification, system location, system manager, authority 

for maintenance of the system, purpose of the system, categories of individuals covered 

by the system, categories of records in the system, policies and practices for storage of 

records, policies and practices for retrieval of records, policies and procedures for 

retention and disposal of records, administrative safeguards, record access procedures, 

contesting records procedures, notification procedures, and exemptions promulgated 

remain unchanged. 

This system is needed for processing, storing, and maintaining FMCS case 

records, notices, and agreements. 

SYSTEM NAME AND NUMBER: FMCS-0004 Case Records. 

SECURITY CLASSIFICATION: Unclassified. 

SYSTEM LOCATION: Federal Mediation and Conciliation Service, 250 E Street, SW, 

Washington, DC 20427. For records stored on Zoom, this system is located at 55 

Almaden Blvd., Suite 600, San Jose, CA 95113. 

SYSTEM MANAGER(S): Doug Jones, Director of Information Technology, email 

djones@fmcs.gov, or send mail to Federal Mediation and Conciliation Service, 250 E 

Street Southwest, Washington, DC 20427, Attn: Doug Jones. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Mediation and 

Conciliation Service, 29 U.S.C. 172, et seq.; The National Labor Relations Act, 29 

U.S.C. 151, et seq.; Administrative Dispute Resolution Act, 5 U.S.C. 571-584; 

Negotiated Rulemaking Act of 1990, 5 U.S.C. 561-570; the Federal Labor Relations Act, 

5 U.S.C. 7119. 
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PURPOSE(S) OF THE SYSTEM: The records in this system are used to process, track, 

review, and evaluate requests for mediation, training, and other alternate dispute 

resolution services. Records from this system may be used for training, presentation, and 

research purposes. The records from this system will also be used in the preparation of 

internal agency reports, the agency’s budget requests, and reports to Congress. 

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: FMCS clients 

who request or receive FMCS services concerning conflict management services or 

training. These FMCS clients include representatives from employers, unions, and 

educational institutions.

CATEGORIES OF RECORDS IN THE SYSTEM: 

1) Requests for mediation or training completed by parties to include the Agency 

Form F-7, available on www.fmcs.gov. Information collected on the form includes 

contact information for parties requesting services. 

2) Case processing documents and documents sent to or from parties to a 

mediation: Agency confirmation letters sent to parties assigning mediators to cases or 

trainings, mediation agreements, ethics documents concerning mediator involvement and 

authorizations to participate, and reports and invoices regarding mediations and training. 

RECORD SOURCE CATEGORIES: FMCS clients who are parties to labor 

agreements/disputes, mediations, or those requesting FMCS services submit notices and 

requests to FMCS. FMCS personnel create reports, status updates, and other internal 

processing records based on case progress and management. The National Labor 

Relations Board and the Federal Labor Relations Authority provide documents to FMCS 

regarding initial contracts. 
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ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 

CATEGORIES OF USERS AND PURPOSES OF SUCH USES: In addition to those 

disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a 

portion of the records or information contained in this system may be disclosed to 

authorized entities, as is determined to be relevant and necessary, outside the FMCS as a 

routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

a) To disclose pertinent information to the appropriate Federal, State, or local 

agency responsible for investigating, prosecuting, enforcing, or implementing 

a statute, rule regulation or order where the record, either alone or in 

conjunction with other information creates an indication of a violation or 

potential violation of civil or criminal laws or regulations.

b) To disclose information to contractors, grantees, experts, consultants, 

detailees, and other non-Government employees performing or working on a 

contract, service, or other assignment for the agency when necessary to 

accompany an agency function related to this system of records.

c) To officials of labor organizations and employers receiving services pursuant 

to 29 U.S.C. 172, et seq.

d) To officials of labor organizations and federal agencies recognized under 5 

U.S.C. Chapter 71 upon receipt of a formal request and in accordance with the 

conditions of 5 U.S.C. 7114 when relevant and necessary to their duties of 

exclusive representation concerning personnel policies, practices, and matters 

affecting working conditions.
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e) To disclose information to a Member of Congress or a congressional office in 

response to an inquiry made on behalf of, and at the request of, an individual 

who is the subject of the record. 

f) In an appropriate proceeding before a court, grand jury, or administrative or 

adjudicative body or official, when FMCS or other Agency representing 

FMCS determines the records are relevant and necessary to the proceeding; or 

in an appropriate proceeding before an administrative or adjudicative body 

when the adjudicator determines the records to be relevant to the proceeding. 

g) To the Department of Justice, including Offices of the U.S. Attorneys, or 

another Federal agency representing FMCS in pending or potential litigation 

or proceedings before any court, adjudicative, or administrative body. Such 

disclosure is permitted only when it is relevant and necessary to the litigation 

or proceeding, and one of the following is a party to the litigation or has an 

interest in such litigation:

1) FMCS, or any component thereof;

2) Any employee or former employee of FMCS in their official capacity;

3) Any employee or former employee of FMCS in their capacity where the 

Department of Justice or FMCS has agreed to represent the employee;

4) The United States, a Federal agency, or another party in litigation before a 

court, adjudicative, or administrative body, upon the FMCS General 

Counsel's approval, pursuant to 5 CFR part 295 or otherwise.

h) To any agency, organization, or person for the purposes of performing audit or 

oversight operations related to the operation of this system of records or for 
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federal ethics compliance purposes as authorized by law, but only information 

necessary and relevant to such audit or oversight function.

i) To disclose data or information to other federal agencies, educational 

institutions, or FMCS clients who collaborate with FMCS to provide research 

or statistical information, services, or training concerning conflict 

management. 

j) To appropriate agencies, entities, and persons when (1) FMCS suspects or has 

confirmed that there has been a breach of the system of records, (2) FMCS has 

determined that as a result of the suspected or confirmed breach there is a risk 

of harm to individuals, FMCS (including its information systems, programs, 

and operations), the Federal Government, or national security; and (3) the 

disclosure made to such agencies, entities, and persons is reasonably 

necessary to assist in connection with FMCS’s efforts to respond to the

suspected or confirmed breach or to prevent, minimize, or remedy such harm.

k) To another Federal agency or Federal entity, when FMCS determines that 

information from this system of records is reasonably necessary to assist the 

recipient agency or entity in (1) responding to a suspected or confirmed 

breach or (2) preventing, minimizing, or remedying the risk of harm to 

individuals, the recipient agency or entity (including its information systems, 

programs, and operations), the Federal Government, or national security, 

resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS: Case records may 

be received in hardcopy form from FMCS clients. Hardcopy forms are then scanned and 
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stored electronically on FMCS servers. Meetings and trainings that are recorded via 

Zoom.gov are stored in the Cloud on ZoomGov servers requiring a username and 

password. Meetings recorded in Microsoft Teams are stored on the FMCS employee’s 

OneDrive which requires a username and password. Third-party recording of meetings or 

trainings on FMCS platforms is not permitted. 

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: To retrieve 

records, FMCS personnel may search by the name of the representative or party, the 

assigned case number, the date, location, type of service provided, or FMCS personnel.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF 

RECORDS: All case records are retained and disposed of in accordance with General 

Records Schedule 1.1 and 4.2, issued by the National Archives and Records 

Administration (NARA).

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Case 

records and agreements are accessible to restricted FMCS personnel or contractors who 

require access. Access to these electronic records occurs through a web browser to the 

Internet or on the agency’s internal drives both requiring a username and password for 

login. FMCS buildings are guarded and monitored by security personnel, cameras, ID 

checks, and other physical security measures. The case records management system will 

store records electronically using a commercial software application run on the Customer 

Relationship Management (CRM) platform, Microsoft Dynamics, which require a 

username and password. SharePoint is used to store the IAAs, which requires a username 

and password. Temporary paper files, notices received through mail, are destroyed once 
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they are scanned into the agency’s internal drives which also require a username and 

password. 

RECORD ACCESS PROCEDURES: Individuals must provide the following 

information for their records to be located and identified: (1) Full name, (2) Address, and 

(3) A reasonably identifying description of the record content requested. Requests can be 

submitted via fmcs.gov/foia/,via email to privacy@fmcs.gov, or via mail to the Privacy 

Office at FMCS 250 E Street SW Washington, D.C. 20427. See 29 CFR 1410.3.

CONTESTING RECORDS PROCEDURES: Requests for correction or amendment of 

records, on how to contest the content of any records. Privacy Act requests to amend or 

correct records may be submitted to the Privacy Office at privacy@fmcs.gov or via mail 

to the Privacy Office at FMCS 250 E Street, SW Washington, D.C. 20427. Also, see 

https://www.fmcs.gov/privacy-policy/. See 29 CFR 1410.6. 

NOTIFICATION PROCEDURES: See 29 CFR 1410.3(a), Individual access requests. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. 

HISTORY: This amended SORN deletes and supersedes the SORN published in the 

Federal Register on March 16, 2022, at 87 FR 14855. 

Dated: April 20, 2023.

Anna Davis,

General Counsel, Federal Mediation and Conciliation Service.