Fiscal Year 2009
1. For questions about this Report contact: Jacqueline A. Young FOIA Officer National Labor Relations Board 1099 14th Street, NW Suite 10600 Washington, DC 20570
(202) 273-3840 jacqueline.young@nlrb.gov
• Exemption (b)(5): | protects certain inter- and intra-agency memoranda, including those setting forth internal recommendations from staff and those that contain attorney work product. |
• Exemptions (b)(6) and (b)(7)(C): | protect information concerning other individuals that, if released, would constitute an invasion of their personal privacy. |
• Exemptions (b)(7)(A) (b)(7)(D) and (b)(7)(E): | protect certain records in law-enforcement investigatory files, including records the release of which would interfere with an ongoing proceeding and records that would reveal confidential sources or enable someone to avoid complying with the law. |
Agency-specific acronyms or terms used in this Report:
Include the following definitions of terms used in this Report:
Backlog – the number of requests or administrative appeals that are pending atc.
an agency at the end of the fiscal year that are beyond the statutory time period for a response.
those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report.
Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)
i. Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations.
ii. Simple Request – a FOIA request that an agency using multitrack processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested.
iii Complex Request – a FOIA request that an agency using multitrack processing places in a slower track based on the high volume and/or complexity of the records requested.
administrative appeal for which an agency has not taken final action in all respects.
3. Following are concise descriptions of the nine FOIA exemptions:
IV. EXEMPTION 3 STATUTES
The NLRB did not rely on any Exemption 3 statutes during the fiscal year covered by this report (FY 2009).
Statute | Type of Information Withheld | Case Citation | Number of Times Relied upon per Component | Total Number of Times Relied upon by Agency |
---|---|---|---|---|
N/A | N/A | N/A | N/A | N/A |
V. FOIA REQUESTS
A. Received, Processed and Pending FOIA Requests
B. (2) Disposition of FOIA Requests - "Other" Reasons for "Full Denials Based on Reasons Other than Exemptions" from Section V, B (1) Chart
Description of "Other" Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied Upon
N/A
B. (3) Disposition of FOIA Requests - Number of Times Exemptions Applied
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
Ex.
1 2 3
4
5
6
7(A)
7(B)
7(C)
7(D)
7(E)
7(F)
8
9
VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA
REQUESTS
A. Received, Processed and Pending Administrative Appeals
Number of Appeals | Number of Appeals | Number of Appeals | Number of Appeals |
Pending as of Start of | Appeals Received in | Processed in Fiscal | Pending as of End of |
Fiscal Year | Fiscal Year | Year | Fiscal Year |
1 | 25 | 24 | 2 |
B. Disposition of Administrative Appeals - All Processed Appeals C.(1) Reasons for Denial on Appeal - Number of Times Exemptions Applied C.(2) Reasons for Denial on Appeal - Reasons Other than Exemptions
No Records | Records Referred at Initial Request Level | Request Withdrawn | Fee-Related Reason | Records Not Reasonably Described | Improper Request for Other Reasons | Not Agency Record | Duplicate Request or Appeal | Request in Litigation | Appeal Based Solely on Denial of Request for Expedited Processing | Other *Explain in chart below |
---|---|---|---|---|---|---|---|---|---|---|
4 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
C.(3) Reasons for Denial on Appeal - "Other" Reasons from Section VI, C (2) Chart C. (4) Response Time for Administrative Appeals
Median Number | Average Number | Lowest Number of | Highest Number |
of Days | of Days | Days | of Days |
19 | 16 | 2 | 29 |
C. (5) Ten Oldest Pending Administrative Appeals
10th Oldest Appeal | 9th | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd | Oldest Appeal | |
Date of Receipt of Ten Oldest Appeals | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 9/30/09 | 9/28/09 |
Number of Days Pending | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | < 1 | 2 |
VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS
A. Processed Requests - Response Time for All Processed Perfected Requests (1)
1. Provide the median, average and range in number of days to process all perfected requests.
Highest Number of Days
b. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted
1. Provide the median, average and range in number of days to process all perfected requests in which information was granted. ("Granted" refers to full grants and partial grants.)
Highest Number of Days
(1) The NLRB does not use multi-track processing for FOIA requests. C. Processed Requests - Response Time in Day Increments
Requests
Requests Granted Expedited Processing
D. Pending Requests - All Pending Perfected Requests
Average Number of Days
E. Pending Requests - Ten Oldest Pending Perfected Requests
Agency Overall | 10th Oldest Request and Number of Days | 9th | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd | Oldest Request and Number of Days Pending |
---|---|---|---|---|---|---|---|---|---|---|
16 09/08/09 | 16 09/08/09 | 16 09/08/09 | 17 09/04/09 | 17 09/04/09 | 17 09/04/09 | 09/03/09 18 | 19 09/02/09 | 21 08/31/09 | 31 08/17/09 |
VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER
A. Requests for Expedited Processing
B. Requests for Fee Waiver
XI. FOIA REGULATIONS
https://www.nlrb.gov/nlrb/about/foia/29-102-117.html
XII. BACKLOGS, CONSULTATIONS AND COMPARISONS
A. Backlogs of FOIA Requests and Administrative Appeals
B. Consultations on FOIA Requests - Received, Processed and Pending Consultations
Number of Consultations Received from Other Agencies that were Pending at Your Agency as of Start of the Fiscal Year
Number of Consultations Received from Other Agencies During the Fiscal Year
Number of Consultations Received from Other Agencies that were Processed by Your Agency During the Fiscal Year
Number of Consultations Received from Other Agencies that were Pending at Your Agency as of End of the Fiscal Year
C. Consultations on FOIA Requests - Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency
Agency Overall | 10th Oldest Consultation and Number of Days Pending | 9th | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd | Oldest Consultation and Number of Days Pending |
---|---|---|---|---|---|---|---|---|---|---|
N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 09/14/09 | |
0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 12 |
D. (1) Comparison of Numbers of Requests from Previous and Current Annual Report Requests Received, Processed and Backlogged
D. (2) Comparison of Numbers of Backlogged Requests from Previous and Current Annual
Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual Report | Number of Backlogged Requests as of End of the Fiscal Year from Current Annual | |
---|---|---|
AGENCY OVERALL | 6 | 1 |
E. (1) Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report - Appeals Received, Processed and Backlogged
Number Processed During Fiscal Year
Number Received Number ProcessedNumber Received
During Fiscal Year from Last Year's
During Fiscal Year During Fiscal Year
from Current Annual Report
from Current from Last Year's Annual ReportAnnual Report Annual Report
E. (2) Comparison of Backlogged Appeals from Previous and Current Annual Report
Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual Report | Number of Backlogged Appeals as of End of the Fiscal Year from Current Annual Report | |
---|---|---|
AGENCY OVERALL | 0 | 0 |