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INFORMATION GUIDEBOOK

CONTENTS

 

INTRODUCTION

This handbook is designed to familiarize you with the information available from the Federal Labor Relations Authority (FLRA) and how to obtain that information, including the process for making a Freedom of Information Act (FOIA) request. The process is neither complicated nor time-consuming. Following these guidelines will make it more likely that you will receive the information you are seeking in the shortest amount of time. This guide also includes descriptions of the types of records maintained by different parts of the agency, some of which are available without making a FOIA request.

The Freedom of Information Act, which can be found in Title 5 of the United States Code, section 552, was enacted in 1966 and provides that any person has the right to request access to federal agency records or information. All agencies of the United States government are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court. The federal FOIA does not, however, provide a right of access to records held by state or local government agencies, or by private businesses or individuals. All states have their own statutes governing public access to state and local records and state authorities should be consulted for further information about them.

There is no central office in the government which processes FOIA requests for all federal agencies. Each agency responds to requests for its own records. Therefore, before sending a request to the FLRA, you should determine whether this agency is likely to have the records you are seeking. Every federal department or agency either already has or will soon issue its own information guide, so if the records you are interested in are kept by another agency, you may wish to request a copy of that agency's Guide from its FOIA office.

The formal rules for making FOIA requests to the FLRA are set forth in Chapter XIV of Volume 5 of the Code of Federal Regulations. This multiple-volume set is available in all law libraries and federal depository libraries. A copy of the portions of Chapter XIV pertaining to making FOIA requests may be obtained from the Office of the Solicitor, Federal Labor Relations Authority, 607 14th Street, NW, Suite 330, Washington, DC. 20424.

The following are some general sources of information about how to make a FOIA request:

"Your Right to Federal Records," available for fifty cents per copy from the Consumer Information Center, P.O. Box 100, Pueblo, CO 81002. This publication also can be accessed electronically on the Internet at: http://cpsr.org/cpsr/foia/

"A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records." This report is published by the Committee on Government Reform and Oversight of the House of Representatives. It is available for sale for $5.00 from the U.S. Government Printing Office, stock number 052-071-012-30-3. It also can be accessed on the Internet by going to http://www.house.gov, selecting the committee pages, then selecting the Committee on Government Reform and Oversight, and accessing the topic entitled "Committee and Subcommittee Reports."

"Consumer's Resource Handbook." This handbook describes the federal agencies that are responsible for specific consumer problems and where to write for assistance. Single copies of this publication may be obtained for free by writing to: Handbook, U.S. Office of Consumer Affairs, 750 17th Street, N.W., Washington, D.C. 20006-4607. This booklet also can be found on the Internet at: http://www.pueblo.gsa.gov/1997res.htm.

Access to Certain Records Without a FOIA Request

Certain types of FLRA records are available without the need to make a FOIA request. They include: (1) final opinions and orders made in adjudicating cases; (2) final statements of policy and interpretations which have not been published in the Federal Register; (3) administrative staff manuals and instructions to staff that affect a member of the public; (4) copies of records that have been the subject of a FOIA request and that are of sufficient public interest or curiosity that the agency believes other persons are likely to request them; and (5) the agency's annual FOIA report to Congress--which includes such information as the number of requests received by the agency, the amount of time taken to process requests, the total amount of fees collected by the agency, information regarding the backlog of pending requests, and other information about the agency's handling of FOIA requests. These types of records may be inspected in the FLRA's reading room, which is located in the FLRA's Headquarters Library at 607 14th Street, NW, Suite 404, Washington, DC. 20424.

You may also access certain FLRA records online. The FLRA has a site on the World Wide Web which can be accessed at http://www.flra.gov/. This site includes links to the FLRA's Government Information Locator Service (GILS) site. In accordance with Office of Management and Budget guidance, agencies' descriptions of their major information systems and record locator systems are found through their GILS sites. The text of the FLRA's GILS site is attached to this guide as Attachment A. In addition, the records referred to as items 1 through 4 in the preceding paragraph are also available by accessing the FLRA's web site.

 
FLRA INFORMATION AVAILABLE ON THE WORLD WIDE WEB

 
FLRA COMPONENTS, ADDRESSES, LOCATION OF FLRA READING ROOM, AND DESCRIPTION OF INFORMATION ROUTINELY MADE PUBLICLY AVAILABLE

THE AUTHORITY

The Authority adjudicates disputes arising under the Statute. It decides cases concerning the negotiability of collective bargaining agreement proposals, complaints of unfair labor practices, exceptions to grievance arbitration awards, and appeals from initial determinations of representation petitions. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in the federal labor-management relations program, the Authority also assists federal agencies and unions in understanding their rights and responsibilities under the Statute, and actively encourages, through its Collaboration and Alternative Dispute Resolution Program the use of alternative dispute resolution, to allow the parties to resolve their problems without adjudication. The Authority's staff also supports the Foreign Service Labor Relations Board in resolving disputes under the Foreign Service Act of 1980.

Requests for Authority decisions, policy statements and general information can be addressed to:

Requests for records of cases pending before the Federal Labor Relations Authority may be addressed to:

All FLRA decisions can be viewed at:

Title: Decisions of the Federal Labor Relations Authority

The Decisions of the Federal Labor Relations Authority is a published series of bound volumes of FLRA decisions. Legal precedent set forth in the decisions may be cited by volume and page in proceedings before the Authority and U.S. courts. All FLRA published decisions that may be cited as precedent are included in this series.

Title: Arbitration Case Files

These files contain documentation relating to the processing of exceptions to arbitration awards. Either party to arbitration, the union or the agency, may file an exception to an arbitrator's award.

Title: Negotiability Case Files

These files contain documentation relating to the processing of disputes between unions and agencies over the negotiability of collective bargaining agreement proposals provisions.

Title: Representation Case Files

These files contain documentation relating to the processing of federal employees representation proceedings.

Title: Unfair Labor Practice Case Files

These files contain the documentation of cases that have reached the Authority after a hearing before an Administrative Law Judge (ALJ), or that are received from Regional Offices for decision based on a stipulation of facts.

Title: FLRA Reports of Case Decisions, FSIP Releases and Administrative Law Judge Decisions

The FLRA Reports of Case Decisions, FSIP Releases and Administrative Law Judge Decisions (RCD) include the full text of all published Authority decisions, releases of the Federal Service Impasses Panel (FSIP), digest summaries, news releases, citators and updates to the Authority's Subject Matter Index. The RCD is available for purchase from the Government Printing Office. The subscription service is published one or two times per month, depending on the volume of decisional materials.

Title: Policy Statement Case Files

These files contain documentation relating to the processing of requests to the Authority seeking the issuance of general statements of policy or guidance under the Statute.

Title: Subject Matter Index to the Decisions of the Federal Labor Relations Authority

The Subject Matter Index to the Decisions of the Federal Labor Relations Authority (SMI) is a cumulative index of all FLRA published decisions. The SMI includes a master index with several supplements. Currently, the master SMI indexes all FLRA decisions from January 1, 1979, through October 31, 1991, FLRA Volumes 1 - 42. In addition, several supplements have been published that index subsequent volumes of decisions.

OTHER FLRA PUBLICATIONS AVAILABLE

Requests for the publications listed above can be addressed to:

OFFICE OF THE GENERAL COUNSEL

The Office of the General Counsel (OGC) is the independent investigative and prosecutorial component of the FLRA, which receives all unfair labor practice charges filed with the FLRA. Most of the OGC staff serve in the FLRA's seven Regional Offices located in Atlanta, Boston, Chicago, Dallas, Denver, San Francisco, and Washington, D.C.

The Regional Offices investigate and settle or prosecute unfair labor practice complaints; actively encouraging, as part of the Collaboration and Alternative Dispute Resolution Program, the use of alternative dispute resolution technique at every step; ensure compliance with all unfair labor practice orders issued by the Authority; receive and process representation petitions; and provide facilitation, intervention, training and education services to the parties. The General Counsel reviews all appeals of a Regional Director's decision not to issue an unfair labor practice complaint and establishes policies and procedures for processing unfair labor practice charges.

Title: Office of General Counsel Representation Petitions or Unfair Labor Practice Charges

Requests for documents related to representation petitions or unfair labor practice charges should be addressed to the Regional Office where the petition or charge was filed. Documents in these cases can be examined at the appropriate Regional Office by appointment and after the authorization of the Regional Director. The following is a list of the FLRA's Regional Offices:

Requests for records concerning representation or unfair labor practice cases pending before or adjudicated by the Authority should be addressed to:

THE FEDERAL SERVICE IMPASSES PANEL

The Federal Service Impasses Panel (the Panel) resolves impasses between Federal agencies and unions representing Federal employees arising from negotiations over conditions of employment under the Federal Service Labor-Management Relations Statute and the Federal Employees Flexible and Compressed Work Schedules Act. If bargaining between the parties, followed by mediation assistance, proves unsuccessful, the Panel has the authority to recommend procedures and to take whatever action it deems necessary to resolve the impasse. The Panel's staff also supports the Foreign Service Impasse Disputes Panel in resolving impasses arising under the Foreign Service Act of 1980.

Requests for FSIP records should be addressed to:

Title: Federal Service Impasses Panel Case Files

These files contain the various documents created by and received by the Panel in the process of resolving impasses. The subscription service for obtaining FSIP decisions is available for purchase from the Superintendent of Documents, Government Printing Office.

 
OTHER SOURCES OF FLRA INFORMATION

Printed documents published by the FLRA can be viewed at:

The Depository Library Program was established by Chapter 19, Title 44 of the U.S. Code. A list of depository libraries throughout the United States may be obtained by calling the Superintendent of Documents at the phone number listed above.

In addition, the following publications can be purchased from:


WHERE TO GET FLRA FOIA REGULATIONS AND FOIA ANNUAL REPORTS

The formal rules for making FOIA requests to the FLRA are set forth in Chapter XIV of Volume 5 of the Code of Federal Regulations. This multiple - volume set is available in all law libraries and federal depository libraries. A copy of the portions of Chapter XIV pertaining to making FOIA requests may be obtained from the Office of the Solicitor, Federal Labor Relations Authority, 607 14th Street, NW., Suite 330, Washington, DC. 20424.

Requests for copies of FLRA FOIA Annual Reports may be addressed to:


ATTACHMENT A - TEXT OF FLRA GILS SITE

Link to FLRA GILS Records


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