Privacy Act of 1974; System of Records, 15723-15724 [2023-05133]

Agencies

• General Services Administration

[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15723-15724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05133]


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GENERAL SERVICES ADMINISTRATION

[Notice-ID-2023-01; Docket No. 2023-0002; Sequence No. 2]


Privacy Act of 1974; System of Records

AGENCY: General Services Administration (GSA).

ACTION: Notice of a modified system of records.

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SUMMARY: This system covers current or former employees who file 
grievances and includes records related to the grievance process.

DATES: Submit comments on or before April 13, 2023. The new and/or 
significantly modified routine uses will be applicable on April 13, 
2023.

ADDRESSES: You may submit comments by any of the following methods:
     By email to the GSA Privacy Officer: 
[email protected].
     By mail to: Privacy Office (IDE), General Services 
Administration, 1800 F Street NW, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Call or email the GSA Chief Privacy 
Officer, Richard Speidel. Telephone 202-969-5830; email 
[email protected].

SUPPLEMENTARY INFORMATION: GSA proposes to revise a system of records 
subject to the Privacy Act of 1974, 5 U.S.C. 552a. GSA is modifying the 
notice to update the categories of records in the system, policies 
within ``POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF 
RECORDS'', safeguards within ``ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 
SAFEGUARDS'', system location (Under ``System Location''), and the 
manager's address. The modification is to reflect modern records 
retention practices and other clerical changes.

SYSTEM NAME AND NUMBER:
    GSA/HRO-10--Grievance Records.

SYSTEM CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The system is hosted in secure government owned data-centers in the 
continental United States. Also, the records are stored electronically 
but may also be located in the Office of Human Resources Management at 
the GSA or office in GSA in which grievances were filed.

SYSTEM MANAGER(S):
    The Director of Workforce Relations Division (CSE), Office of Human 
Capital Strategy (CS), 1800 F Street NW, Washington, DC 20405. Email 
address is [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. chapter 75; E.O. 10577, as amended; E.O. 11491, as 
amended.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to document employee grievances, 
including statements of witnesses, reports of interviews and hearings, 
examiner's findings and recommendations, a copy of the original and 
final decision, and related correspondence and exhibits.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current or former employees who have filed grievances with GSA 
under 5 CFR part 771 or a negotiated procedure.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains:
     Employee Full Name
    Grievances filed by agency employees full name, internal grievance 
and arbitration systems files that are established through negotiations 
with recognized labor unions.

RECORD SOURCE CATEGORIES:
    Officials who manage records pertaining to employees who have filed 
grievances with GSA under part 771 of the Office of Personnel 
Management (OPM) Regulations (5 CFR part 771) or a negotiated 
procedure.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE 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 GSA as 
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. In any legal proceeding, where pertinent, to which GSA is a 
party before a court or administrative body.
    b. 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 to identify the type of information 
requested.
    c. To authorized officials engaged in investigating or settling a 
grievance, complaint, or appeal filed by an individual who is the 
subject of the record.
    d. To a Federal agency in connection with the hiring or retention 
of an employee; the issuance of a security clearance; the reporting of 
an investigation; the letting of a contract; or the issuance of a 
grant, license, or other benefit to the extent that the information is 
relevant and necessary to a decision.
    e. By GSA or the Office of Personnel Management in the production 
of summary description statistics and analytical studies in support of 
the function for which the records are collected and maintained, or for 
related work force studies. While published statistics do not contain 
individual identifiers, in some instances the selection of elements of 
data included in the study may be structured in such a way as to make 
the data individually identifiable by inference.
    f. To officials of the Merit Systems Protection Board, including 
the Office of Special Counsel; the Federal Labor Relations

[[Page 15724]]

    Authority and its General Counsel, or Equal Employment Opportunity 
Commission when requested in performance of their authorized duties.
    g. In response to a request for a discovery or for appearance of a 
witness, information that is relevant to the subject matter involved in 
a pending judicial or administrative proceeding.
    h. To provide information to officials of labor organizations 
reorganized under the Civil Service Reform Act when relevant and 
necessary to their duties of exclusive representation concerning 
personnel policies, practices, and matters affecting working 
conditions.
    i. To a Member of Congress or staff on behalf of and at the request 
of the individual who is the subject of the record.
    j. To an expert, consultant, or contractor of GSA in the 
performance of a Federal duty to which the information is relevant.
    k. To the National Archives and Records Administration (NARA) for 
records management purposes.
    l. To appropriate agencies, entities, and persons when (1) the 
Agency suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (2) the 
Agency has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by GSA or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with GSA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained electronically.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records reside in the HR Service Center where the grievance is 
processed. The records are filed by employee name, and may be 
retrieved. The records are filed numerically and/or alphabetically by 
name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per NARA approved records retention schedule DAA-GRS-2018-0002-
0006, these records are disposed of no sooner than 4 years but no later 
than 7 years after the case is closed or final settlement on appeal, as 
appropriate. Records will be disposed via electronic deletion of 
digital records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained electronically.

RECORD ACCESS PROCEDURES:
    Requests from current employees to review information about 
themselves should be directed to the HR Service Center where the action 
was processed. For the identification required, see 41 CFR part 105-64.

CONTESTING RECORD PROCEDURES:
    Review of a request from an individual seeking to amend a grievance 
record that has been the subject of a judicial or quasi-the judicial 
process is limited in scope. The only review permitted is determining 
if the record accurately documents GSA's ruling on the case and does 
not include a review of the merits of an action, determination, or 
finding. An individual who wishes to amend his or her record to correct 
factual errors should contact the GSA Office of Human Resources 
Management. The individual must also follow the GSA Privacy Act 
procedures on amending records (CPO 1878.1).

NOTIFICATION PROCEDURES:
    Current employees may obtain information about whether they are a 
part of the system by contacting the HR Service Center where the action 
was processed.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Under 5 U.S.C. 552a(k)(2), this system of records is exempt from 
subsections (c)(3); (d); (e)(1); (e)(4)(G), (e)(4)(H), (e)(4)(I); and 
(f) of the Act when the records are compiled for a law enforcement 
purpose and the record will not be used to deny a right, benefit, or 
privilege from the subject of the record.

HISTORY:
    [73 FR 22393, May 27, 2008].

Richard Speidel,
Chief Privacy Officer, Office of the Deputy Chief Information Officer, 
General Services Administration.
[FR Doc. 2023-05133 Filed 3-13-23; 8:45 am]
BILLING CODE 6820-34-P