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OGC FOIA

 

FAQs

 

What is the Freedom of Information Act?

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the FLRA's regulations at Part 2411, is a law that requires Federal agencies to disclose records after receiving a written request for them, except for those records, or portions of records, which are protected from disclosure by one of the Exemptions contained in the FOIA.  The language of the FOIA and the FLRA's regulations governs any conflict that may arise between the guidance offered here and those provisions.

What should your request for information contain?

Your request must be in writing.  We do not accept telephone call requests for information.  You should clearly mark your envelope as a "FOIA Request."  Your letter should identify what record, or parts of a record, that you are seeking as legibly and concisely as possible.  Describe the records in sufficient detail that they will be able to be located with due diligence.  Please include a telephone number where you may be reached during the day in case it is necessary to contact you to clarify your request.  Our experience has shown that personal contact with the requester helps to clarify the request, which, in turn, decreases the time taken to respond to the request. 

Where should you send your FOIA request?

Section 2411.4 outlines the procedure for requesting information.  The organization of the OGC is decentralized.  Thus, because the seven Regions maintain their own records, a request for information that is contained in a record maintained in a Regional Office should be addressed to the appropriate Regional Director.  If the request is for information contained in the the Headquarters of the OGC, generally, not case records, it should be addressed to:

Richard Zorn

OGC FOIA Officer

Office of the General Counsel - Second Floor

1400 K St., NW

Washington, D.C.  20424-0001

Tel. # 202-218-7743

 

What happens if you send your request to the wrong Office within the FLRA?

 

The Office that received the request will forward the request to the Office where the records are located for a response.  If a request is for a record that is maintained in the Offices of the Authority, the request will be forwarded to the FLRA's Solicitor for response.  Note, however, that the time period for responding to the request does not begin to run until the request is received by that Office.  See section 2411.4(c).

 

 

When can you expect to receive a response to your request?

 

The FOIA requires that all Federal agencies respond to requests within 20 business days.  Generally, unlike most Federal agencies, the OGC and the seven Regions do not have backlogs of FOIA requests and routinely respond to such requests in within 20 business days.  On rare occasions, it may take longer than 20 days to respond to a request.  For example, a request may be made for a document in a case file that no longer resides in the Regional Office.  In that instance, it may be necessary to request that the record, which has been sent to another Federal facility to be archived, be returned to the Region to respond to the request.  This sometimes may take longer.  In any event, the FOIA Officer will either call you to discuss this matter or send you a letter apprising you of the situation and a date which you can expect a response.

 

 

What types of information may be withheld from you and why?

 

The OGC is the independent investigative and prosecutorial component within the FLRA. To accomplish its statutory duties, the OGC, through the seven Regional Offices, investigates cases and maintains open and closed case files regarding those investigations.  As such, much of the contents of those case files, and other OGC records, may be covered by one of several disclosure Exemptions contained in the FOIA.  The most frequently relied upon Exemptions to withhold records are:

 

Exemption 5:  This Exemption allows an agency to withhold "inter-agency or intra-agency memorandums or letters which would not be available to a party other than an agency in litigation with the agency."  The attorney work-product privilege and deliberative process privilege are privileges that are covered by this Exemption.  Examples of documents that are covered by this Exemption are final investigative reports, various memoranda and notes to the file, chronology logs, and witness statements.

 

Exemption 6:  This Exemption permits the withholding of information about individuals in "personnel and medical files and similar files" when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy."  

 

Exemptions (7)(A), (C), and (D):  This Exemption protects information "compiled for law enforcement purposes" that could reasonably be expected to interfere with enforcement proceedings (7(A)), that "could reasonably be expected to constitute an unwarranted invasion of personal privacy" (7(C)), or that "could reasonably be
expected to disclose the identity of a confidential source" (7(D)).

 

 

Can you appeal a denial of your FOIA request?

 

Yes.  If either the OGC FOIA Officer or a Regional Director issues a denial in whole or in part of your FOIA request, pursuant of section 2411.7 of the regulations, you have 30 days from the date you received notification of the denial of your request to appeal that determination.  Your appeal should be addressed to:

 

General Counsel

Federal Labor Relations Authority

1400 K St. NW, Second Floor

Washington, D.C.  20424-0001

 

You should clearly mark "FOIA Appeal" on the outside of the envelope.  The grounds for the appeal should clearly state why you believe the FOIA Officer erred in denying your FOIA request.  The General Counsel has 20 business days to make a determination on the appeal.

 

 

If your appeal is denied, do you have other appeal rights?

 

Yes.  If the General Counsel denies your appeal in whole or in part, you have a right to judicial review in a United States Federal District Court.  See 5 U.S.C. § 552(a)(4).

 

 

Will you be assessed fees for any information that you obtain pursuant to your FOIA request?

 

Possibly.  In general, non-commercial use requesters are entitled to two hours of free search time in addition to the first 100 pages at no cost.  Duplication in excess of 100 pages costs 25 cents per page.  See section 2411.10 of the regulations for more information about fees.

 

 

Can you request a waiver of fees?

 

Yes, although a grant of a fee waiver is rare.  If you believe that you qualify for a waiver or reduction in the fee amount, i.e., the criteria set forth at section 2411.10(b)(3) are met, you must state this in your initial FOIA request.  You must provide the FOIA Officer with your reasons in support or your fee waiver request. The FOIA Officer will not waive fees where no request has been made.

 

Where on the Internet can you learn more about the FOIA?

 

Visit the U.S. Department of Justice's Office of Information and Privacy's FOIA Home Page which has a wealth of information.  In addition, you may find labor-related information at one of many other Federal agencies.

 

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