Billing Code 6732-01-P

FEDERAL MEDIATION AND CONCILIATION SERVICE

PRIVACY ACT of 1974; SYSTEM of RECORDS

AGENCY: Federal Mediation & Conciliation Service

ACTION: Notice of a new system of records.

SUMMARY: The Federal Mediation and Conciliation Service (FMCS) uses this system 

to process requests for arbitration panels, including payment for requests, to process 

annual fees for each arbitrator, to maintain a roster of qualified, private labor arbitrators 

to hear disputes arising under collective bargaining agreements, and provide fact finding 

and interest arbitration.

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

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER] unless otherwise revised pursuant to comments received. New routine uses 

will be effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION 

IN THE FEDERAL REGISTER]. 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-0008, 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-0008 on the subject line of the 

message.

• Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Arthur Pearlstein, Director of 

Arbitration Services, at apearlstein@fmcs.gov, (202) 606-8103, or mail, The Office of 

Arbitration Services, FMCS, 250 E Street, SW, Washington, DC 20427.

SUPPLEMENTARY INFORMATION: The enabling legislation for FMCS provides 

that “the settlement of issues between employers and employees through collective 

bargaining may advance by making available full and adequate governmental facilities 

for conciliation, mediation, and voluntary arbitration ...” 29 U.S.C. 171(b). Pursuant to 

the statute and 29 CFR part 1404, FMCS has long maintained a roster of qualified, 

private labor arbitrators to hear disputes arising under collective bargaining agreements 

and provide fact finding and interest arbitration. The existing regulation establishes the 

policy and administrative responsibility for the FMCS roster, criteria, procedures for 

listing and removing arbitrators, and procedures for using arbitration services. 

SYSTEM NAME AND NUMBER: FMCS-0008 Arbitration Records.

SYSTEM LOCATION: Federal Mediation and Conciliation Service, Office of General 

Counsel (OGC), 250 E Street, SW, Washington, DC 20427.

SYSTEM MANAGER(S): Arthur Pearlstein, Director of Arbitration, email 

apearlstein@fmcs.gov, send mail to the Federal Mediation and Conciliation Service, 250 

E Street, SW, Washington, DC 20427, Attn: Arthur Pearlstein, or call (202) 606-8103.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 29 U.S.C. 172, et. seq.

and 29 CFR part 1404.

PURPOSE(S) OF THE SYSTEM: The records in this system are used to collect, 

process, and maintain arbitrator panel reports, payment requests, annual fees, and 

arbitrator rosters. The system maintains a roster of qualified, private labor arbitrators to 
hear disputes arising under collective bargaining agreements and provide fact findings 

and interest arbitration.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The categories 

of individuals covered in the system are the public, FMCS clients, parties requesting an 

arbitration roster or services, arbitrators, applicants to be on the arbitration roster, and 

FMCS employees.

CATEGORIES OF RECORDS IN THE SYSTEM: The categories of records 

maintained in the system include the: 

1) Records concerning requests for arbitrators including, but not limited to, the

Request for Arbitration Panel (FMCS Form R-43). This form can be found at 

https://www.fmcs.gov/services/arbitration/requesting-a-panel/.

2) Records pertaining to arbitrator registration, including but not limited to, 

Arbitrators’ Personal Data Questionnaire (FMCS Form R-22), and records used to 

collect information from applicants submitted for consideration to the FMCS 

Arbitrator Review Board. This form can be found at 

https://www.fmcs.gov/services/arbitration/information-joining-arbitrator-roster/.

3) Records concerning case processing updates including, but not limited to, The 

Arbitrator’s Report and Fee Statement (FMCS Form R-19). This form can be 

found at https://www.fmcs.gov/services/arbitration/information-fmcs-rosterarbitrators/.

RECORD SOURCE CATEGORIES: Information in this system of records is 

provided by:
1) Parties seeking to request an arbitration panel which may include the public, 

Federal, state, and local employees, Unions, and employers; and 

2) Arbitrators provide information for registration and case processing updates.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 

INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: In 

addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy 

Act, all or a portion of these records or information contained in this system may be 

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

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

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

agency responsible for investigating, prosecuting, enforcing, or implementing a 

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

with other information creates an indication of a violation or potential violation of 

civil or criminal laws or regulations.

b) To disclose information to the National Archives and Records Administration 

(NARA) for use in its records management inspections; to the Government 

Accountability Office (GAO) for oversight purposes; to the Department of Justice 

(DOJ) to obtain that department’s advice regarding disclosure obligations under 

the Freedom of Information Act (FOIA); or to the Office of Management and 

Budget (OMB) to obtain that office’s advice regarding obligations under the 

Privacy Act. 

c) To disclose information to the National Archives and Records Administration 

(NARA) in records management inspections.
d) To disclose information to contractors, grantees, experts, consultants, detailers, 

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

service, or other assignment for the Federal Government when necessary to 

accompany an agency function related to this system of records.

e) To officials of labor organizations recognized under 5 U.S.C. Chapter 71 upon 

receipt of a formal request and in accordance with the conditions of 5 U.S.C. 7114 

when relevant and necessary to their duties of exclusive representation concerning 

personnel policies, practices, and matters affecting working conditions.

f) To disclose information to a Member of Congress or a congressional office in 

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

is the subject of the record. 

g) To disclose information when FMCS determines that the records are relevant to a 

proceeding before a court, grand jury, or administrative or adjudicative body 

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

h) To disclose information to another Federal agency, to a court, or to a party in 

litigation before a court or in an administrative proceeding being conducted by a 

federal agency when the Government is a party to the judicial or administrative 

proceeding. Such disclosure is permitted only when it is relevant and necessary to 

the litigation or proceeding.

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

oversight operations related to the operation of this system of records as 

authorized by law, but only information necessary and relevant to such audit or 

oversight function.
j) To disclose information to appropriate agencies, entities, and persons when: (1) 

FMCS suspects or has confirmed that there has been a breach of the system of 

records; (2) FMCS has determined that as a result of the suspected or confirmed 

breach there is a risk of harm to individuals, FMCS (including its information 

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

and (3) the disclosure made to such agencies, entities, and persons is reasonably 

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

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

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

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

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

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

recipient agency or entity (including its information systems, programs, and 

operations), the Federal Government, or national security, resulting from a 

suspected or confirmed breach.

l) To disclose information to arbitrators or parties to an arbitration concerning case 

processing, or to investigate allegations of arbitrator misconduct. 

m) To disclose to professional organizations, including but not limited to the 

American Arbitration Association, JAMS, or the National Academy of Arbitrators

concerning application or suitability of an arbitrator. 

POLICIES AND PRACTICES FOR STORAGE OF RECORDS: These records are 

maintained in hard copy and electronic form in locations only accessible to authorized 

personnel. Electronic records are stored on the agency’s internal servers with restricted 
access to authorized Human Resources staff and designated deciding officials as 

determined by agency policy. Hard copy records are stored in a locked cabinet accessible 

to authorized Human Resources staff and designated deciding officials as determined by 

agency policy. 

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: These records 

are retrieved by the name or other programmatic identifier assigned to an individual in 

the electronic database and paper filing system. 

POLICIES AND PRACTICES FOR RETENTION OF DISPOSAL 

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

Records Schedule 4.1, issued by the National Archives and Records Administration. 

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Records are 

located in a locked file storage area or stored electronically in locations only accessible to 

authorize personnel requiring agency security credentials. Access is restricted and 

accessible to limited Human Resources officials, and/or individuals in a need-to-know 

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

checks, and other physical security measures.

RECORD ACCESS PROCEDURES: Individuals wishing to request access to their 

records should contact the Office of General Counsel (OGC). Individuals must provide 

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

Address, and (3) A specific description of the record content requested. See 29 C.F.R. 

1410.3, Individual access requests.

CONTESTING RECORDS PROCEDURES: See 29 CFR 1410.6, Requests for 

correction or amendment of records, on how to contest the content of any records. 
Privacy Act requests to amend or correct records may be submitted to the Chief Privacy 

Officer at privacy@fmcs.gov or Chief Privacy Officer at FMCS 250 E Street, SW,

Washington, DC 20427. Also, see https://www.fmcs.gov/privacy-policy/.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM: None.

HISTORY: None.

Dated: March 21, 2022.

Anna Davis,

Acting General Counsel.