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SORN 09-90-0069

System name: Unfair Labor Practice Records, HHS/OS/ASPER.

Security classification:  None.

System location:  Personnel Offices of the Department shown in Applicants for Employment Records, HHS System 09-90-0006, Appendix 1 and offices of operating officials in organizational units serviced by those Personnel Offices.

Categories of individuals covered by the system:   Current HHS 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. Examples of information which may be included in this system are 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 Title 5, United States Code, Chapter 71 and Department of Labor Regulations.

Authority for maintenance of the system:  Executive Order 11491, as amended, 5 U.S.C. Chapter 71.

Purpose(s):

These records are used to initiate, make a determination on, and document a decision made on unfair labor practice charges filed by an employee or union official. These records are maintained in each component of the Department. See also “Retrievability'' below.

Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

Information in this system may be released to:

1. Office of Personnel Management, Merit Systems Protection Board (including its Office of the Special Counsel), Equal Employment Opportunity Commission, and the Federal Labor Relations Authority (including the General Counsel of the Authority and the Federal Service Impasses Panel) in carrying out their functions;

2. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

3. In the event of litigation where the defendant is (a) the Department, any component of the Department, or any employee of the Department in his or her official capacity; (b) the United States where the Department determines that the claim, if successful, is likely to directly affect the operations of the Department or any of its components; or (c) any Department employee in his or her individual capacity where the Justice Department has agreed to represent such employee, the Department may disclose such records as it deems desirable or necessary to the Department of Justice to enable that Department to present an effective defense, provided such disclosures is compatible with the purpose for which the records were collected.

4. Records may be disclosed to student volunteers, individuals working under a personal services contract, and other individuals performing functions for the Department but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:  Records are maintained in file folders.

Retrievability:  Records are retrievable by name. Information from this system may be used by Department officials for preparing statistical summary or management reports.

Safeguards:  Records are stored in lockable metal file cabinets. Access to and use of these records are limited to personnel who have a need for the records in performance of official duties.

Retention and disposal:  The case files are maintained as long as they may be pertinent for purposes of precedent or as management information devices. When no longer useful for such purposes, they are destroyed.

System manager(s) and address:  Personnel Officer shown in Appendix 1 of Applicants for Employment Records, HHS System 09-90-0006, who services the organizational unit in which the individual is employed.

Notification procedure:  Contact the systems manager and provide name, approximate date of record, the unfair labor practice charge as specified bythe complainant, and management component in which the charge was filed.

Record access procedures:  Same as notification procedures. Requesters should also reasonably specify the record contents being sought. (These access procedures are in accordance with Department Regulations (45 CFR 5b.5(a)(2)) Federal Register, October 8, 1975, page 47410.)

Contesting record procedures:  Contact the official at the address specified under notification procedures above, and reasonably identify the record and specify the information to be contested and state the corrective action sought and the reasons for the correction. (These procedures are in accordance with Department Regulations (45 CFR 5b.7) Federal Register, October 8, 1975, page 47411.)

Record source categories:  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 union officials, or
  5. Supplied by Department officials.

Systems exempted from certain provisions of the act:  None.