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Freedom of Information Act

The FLRA's Solicitor is delegated exclusive authority to act upon all requests for information, documents, and records in the offices of the FLRA in Washington, D.C., except for material in the offices of the General Counsel and the Federal Service Impasses Panel.

Frequently Asked Questions

     What is the Freedom of Information Act?

     What should your request for information contain?

     Where should you send your FOIA request?

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

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

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

     Can you appeal a denial of your FOIA request?

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

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

     Can you request a waiver of fees?

    Where can you obtain a copy of FOIA Annual Reports?

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

 
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 5  C.F.R. 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, that 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 to qualify as a FOIA request. You should clearly mark your envelope as a "FOIA Request." Your letter should identify what record, or parts of a record, you are seeking as clearly and concisely as possible. Describe the records in sufficient detail for them 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. If the request is for information contained in the Headquarters of the FLRA, but not in the offices of the General Counsel or the Federal Services Impasses Panel, it should be addressed to:

David M. Smith, Solicitor
Office of the Solicitor
1400 K Street, NW, Suite 300
Washington, DC 20424

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

The office that first receives the request will forward the request to the office where the records are located for a response. For example, if a request is for a record that is maintained in the Office of the General Counsel, the request will be forwarded to the FLRA's General Counsel 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, the FLRA does not have a backlog of FOIA requests and routinely responds to such requests within the 20 business days prescribed by law. Occasionally, it may take longer than 20 days to respond to a request.

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

The FLRA is an adjudicatory agency one of whose principal tasks is to decide cases arising under the Federal Service Labor-Management Relations Statute. As such, some information in FLRA case files may be covered by one of several disclosure Exemptions contained in the FOIA. One Exemption that is pertinent to such records is 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 included in 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. Another disclosure Exemption that is occasionally pertinent to a FOIA request is 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."

 
Can you appeal a denial of your FOIA request?

Yes. If the Solicitor issues a denial in whole or in part of your FOIA request, pursuant to 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: Chairman, Federal Labor Relations Authority, 607 14th Street, NW, Washington, DC 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 Solicitor erred in denying your FOIA request. Appeals are generally resolved within 20 business days.

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

Yes. If your appeal is denied 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 2 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 can you obtain a copy of FOIA Annual Reports?

FLRA FOIA Annual Reports can be obtained from two different places.  Listed below are the Annual Reports according to fiscal year.  Click on the year to view the report for that fiscal year.  In addition to the listing below, the Department of Justice maintains a listing of agencies' FOIA Annual Reports.

 
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.

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