System of Records (SOR)

09VA05 - Employee Unfair Labor Practice Charges and Complaints, Negotiated Agreement Grievances and Arbitrations-VA

System location:
VA station personnel offices, whose address locations are listed in VA Appendix 1 at the end of this document. Categories of individuals covered by the system: VA employees or labor union representatives who have filed, in the name of VA employees, unfair labor practice charges or complaints and negotiated agreement grievances.

Categories of records in the system:
Various material, considered pertinent by parties to proceedings, needed for processing charges, complaints, grievances and arbitrations.

Authority for maintenance of the system:
Executive Order 11491 as amended.

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

1. In the event that a system of records maintained by this agency to carry out its function indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the responsibility of investigation or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto.
2. Files may be released to arbitrators for processing arbitrations and to authorized Department of Labor officers for processing unfair labor practice complaints.
3. 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.
4. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General Services Administration) in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
5. Records from this system of records may be disclosed to a Federal Agency or to a State or local government licensing board and/ or to the Federation of State Medical Boards or a similar nongovernment entity which maintains records concerning individuals' employment histories or concerning the issuance, retention or revocation of licenses, certifications, or registration necessary to practice an occupation, profession or specialty , in order for the Agency to obtain information relevant to an Agency decision concerning the hiring, retention or termination of an employee or to inform a Federal Agency or licensing boards or the appropriate nongovernment entities about the health care practices of a terminated, resigned or retired health care employee whose professional health care activity so significantly failed to conform to generally accepted standards of professional medical practice as to raise reasonable concern for the health and safety of patients in the private sector or from another Federal Agency. These records may also be disclosed as part of an ongoing computer matching program to accomplish these purposes.
6. Identifying information in this system, including name, address, social security number and other information as is reasonably necessary to identify such individual, may be disclosed to the National Practitioner Data Bank at the time of hiring and/or clinical privileging/reprivileging of health care practitioners, and other times as deemed necessary by VA, in order for VA to obtain information relevant to a Department decision concerning the hiring, privileging/reprivileging, retention or termination of the applicant or employee.
7. Relevant information from this system of records may be disclosed to the National Practitioner Data Bank and/or State Licensing Board in the State(s) in which a practitioner is licensed, in which the VA facility is located, and or in which an act or omission occurred upon which a medical malpractice claim was based when VA reports information concerning: (1) Any payment for the benefit of a physician, dentist, or other licensed health care practitioner which was made as the result of a settlement or judgment of a claim of medical malpractice if an appropriate determination is made in accordance with agency policy that payment was related to substandard care, professional incompetence or professional misconduct on the part of the individual; (2) a final decision which relates to possible incompetence or improper professional conduct that adversely affects the clinical privileges of a physician or dentist for a period longer than 30 days; or, (3) the acceptance of the surrender of clinical privileges or any restriction of such privileges by a physician or dentist either while under investigation by the health care entity relating to possible incompetence or improper professional conduct, or in return for not conducting such an investigation or proceeding. These records may also be disclosed as part of a computer matching program to accomplish these purposes.

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

Storage:
Paper documents in files.

Retrievability:
Alphabetically by name at some VA stations. Some stations do not maintain records retrievable by name or other personal identifier.

Safeguards:
Access to files is restricted to authorized Va employees in the Personnel Office and to operating officials.

Retention and disposal:
Records are retained indefinitely.

System manager(s) and address:
Officials maintaining the system-VA Personnel Officers where records are maintained. (See VA Appendix 1 for local addresses.) Official responsible for policies and procedures-Asistant Administrator for Personnel (05), VA Central Office, Washington, DC 20420.

Notification procedure:
VA station Personnel Officer. Individual should provide full name, social security number and date and nature of proceeding involved.

Record access procedures:
Individuals or representatives designated in writing may contact their servicing Personnel Office for gaining access to their records and contesting the contents thereof.

Contesting record procedures:
(See Record Access Procedures above.)

Record source categories:
VA officials, employees, and labor organization officials.

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