Privacy Act Systems - DOL/OASAM-12
Administrative Grievance Records.
- Human Resources Center, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210; and national and regional personnel offices;
- Office of the Solicitor, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210; and regional offices of the Solicitor.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former Department employees who have filed grievances under the Departmentís administrative grievance procedures in accordance with 5 CFR Part 771 and the Departmentís implementing regulation.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains records relating to grievances filed by Department employees under administrative grievance procedures and in accordance with 5 CFR Part 771 and the Departmentís implementing regulation. These case files contain all documents related to interviews and hearings, fact-finderís findings and recommendations, a copy of the original decision, and related correspondence and exhibits, including settlement agreements. This system does not include files and records of any grievance filed under negotiated procedures with recognized labor organizations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 CFR Part 771.
The records are used to process grievances submitted by employees for personal relief in a matter of concern or dissatisfaction which is subject to the control of agency management.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to the universal routine uses listed in the General Prefatory Statement to this document, the Department may disclose relevant and necessary data as follows:
- To disclose information to any source from which additional information is requested in the course of processing a grievance, to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and identify the type of information requested.
- To disclose information to officials of the Merit System Protection Board or the Office of Special Counsel, when requested in connection with appeals, special studies of the civil service and other merit systems, review of Department rules and regulations, investigations of alleged or possible prohibited personnel practices, and such other functions as may be authorized by law.
- To disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations into alleged or possible discrimination practices or examination of affirmative employment programs.
- To disclose information to the Federal Labor Relations Authority or its General Counsel when requested in connection with investigations of allegations of unfair labor practices or matters before the Federal Service Impasses Panel.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
Files are stored electronically and/or paper.
Records are retrieved by the names of the individuals on whom they are maintained.
Access by authorized personnel only. Computer security safeguards are used for electronically stored data and locked locations for paper files.
RETENTION AND DISPOSAL:
Records are destroyed no sooner than 4 years but no later than 7 years after case is closed. (N1 GRS 92-1 item 30a).
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Human Resources Policy and Strategic Planning, Human Resources Center, U.S. Department of Labor, 200 Constitution Avenue, N.W. Washington, D.C. 20210.
Individuals submitting grievances should already be provided with a copy of the record under the grievance process. They may, however, contact the personnel office where the action was processed, regarding the existence of such records about them. Such individuals must furnish the following information for their records to be located and identified:
- approximate date of closing of the case and kind of action taken; and
- organizational component involved.
RECORDS ACCESS PROCEDURES:
A petition request for access may be addressed to the System manager. The request must be in writing, signed by the requester and must demonstrate a prevailing need.
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by the following:
- the individual on whom the records are maintained;
- testimony of witnesses;
- investigative and other employment records;
- decisions by agency officials.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: