Page images
PDF
EPUB

SUBCHAPTER A-TRANSITION RULES AND REGULATIONS—

[RESERVED]

SUBCHAPTER B-GENERAL PROVISIONS

PART 2411-AVAILABILITY OF quests for information, documents and
OFFICIAL INFORMATION

records which are received from any

person or organization under 1. Sec.

§ 2411.4(a). 2411.1 Purpose and scope.

(b) Federal Service Impasses Panel. - 2411.2 Delegation of authority.

The Executive Director of the Federal : 2411.3 Information policy.

Service Impasses Panel is delegated 2411.4 Procedure for obtaining informa

the exclusive authority to act upon all tion. 2411.5 Identification of information re

requests for information, documents quested.

and records which are received from 2411.6 Time limits for processing requests. any person or organization under 2411.7 Appeal from denial of request.

§ 2411.4(b). 2411.8 Extension of time limits. 2411.9 Effect of failure to meet time limits.

§ 2411.3 Information policy. 2411.10 Fees. 2411.11 Compliance with subpenas.

(a) Federal Labor Relations Author2411.12 Annual report.

ity/General Counsel of the Federal AUTHORITY: 5 U.S.C. 552.

Labor Relations Authority. (1) It is the SOURCE: 45 FR 3488, Jan. 17, 1980, unless policy of the Federal Labor Relations otherwise noted.

Authority and the General Counsel of 8 2411.1 Purpose and scope.

the Federal Labor Relations Authority

to make available for public inspection This part contains the regulations of

and copying: (i) Final decisions and the Federal Labor Relations Author

orders of the Authority and adminisity, the General Counsel of the Feder

trative rulings of the General Counsel; al Labor Relations Authority and the

(ii) statements of policy and interpreFederal Service Impasses Panel pro

tations which have been adopted by viding for public access to information

the Authority or by the General from the Authority, the General

Counsel and are not published in the Counsel or the Panel. These regula

FEDERAL REGISTER; and (iii) administrations implement the Freedom of Information Act, as amended, 5 U.S.C. 552,

tive staff manuals and instructions to and the policy of the Authority, the

staff that affect a member of the General Counsel and the Panel to dis

public (except those establishing interseminate information on matters of in

nal operating rules, guidelines, and terest to the public and to disclose to

procedures for the investigation, trial, members of the public on request such

and settlement of cases). Any person information contained in records inso

may examine and copy items (i) far as is compatible with the discharge

through (iii) at each regional office of of their responsibilities, consistent

the Authority and at the offices of the with applicable law.

Authority and the General Counsel,

respectively, in Washington, D.C., § 2411.2 Delegation of authority.

under conditions prescribed by the Au(a) Federal Labor Relations Author thority and the General Counsel, reity/General Counsel of the Federal spectively, and at reasonable times Labor Relations Authority. Regional during normal working hours so long Directors of the Federal Labor Rela- as it does not interfere with the effitions Authority, the Freedom of Infor cient operations of the Authority and mation Officer of the Office of the the General Counsel. To the extent reGeneral Counsel, Washington, D.C., quired to prevent a clearly unwarrantand the Solicitor of the Federal Labor ed invasion of personal privacy, identiRelations Authority are delegated the fying details may be deleted and, in exclusive authority to act upon all re- each case, the justification for the de

letion shall be fully explained in writ. D.C., under conditions prescribed by ing.

the Authority, the General Counsel or (2) It is the policy of the Authority the Panel at reasonable times during and the General Counsel to make normal working hours so long as it promptly available for public inspec- does not interfere with the efficient tion and copying, upon request by any operations of either the Authority, the person, other records where the re General Counsel, or the Panel. quest reasonably describes such (d) The Authority, the General records and otherwise conforms with Counsel or the Panel may decline to the rules provided herein.

disclose any matters exempted from (b) Federal Service Impasses Panel. the disclosure requirements in 5 U.S.C. (1) It is the policy of the Federal Serv 552(b), particularly those that are: ice Impasses Panel to make available (1) (i) Specifically authorized under for public inspection and copying: (i) criteria established by an executive Procedural determinations of the order to be kept secret in the interest Panel; (ii) factfinding and arbitration of national defense or foreign policy reports; (iii) final decisions and orders and (ii) are in fact properly classified of the Panel; (iv) statements of policy pursuant to such executive order; and interpretations which have been (2) Related solely to internal personadopted by the Panel and are not pub- nel rules and practices of the Author lished in the FEDERAL REGISTER; and ity, the General Counsel or the Panel; (v) administrative staff manuals and (3) Specifically exempted from disinstructions to staff that affect a closure by statute (other than 5 U.S.C member of the public. Any person may 552(b)), provided that such statute: examine and copy items (i) through (i) Requires that the matters be (v) at the Panel's offices in Washing- withheld from the public in such a ton, D.C., under conditions prescribed manner as to leave no discretion on by the Panel, and at reasonable times the issue; or during normal working hours so long (ii) Establishes particular criteria for as it does not interfere with the effi. withholding or refers to particular cient operations of the Panel. To the types of matters to be withheld; extent required to prevent a clearly (4) Trade secrets and commercial or unwarranted invasion of personal pri financial information obtained from a vacy, identifying details may be delet person and privileged or confidential; ed and, in each case, the justification (5) Interagency or intra-agency for the deletion shall be fully ex memoranda or letters which would not plained in writing.

be available by law to a party other (2) It is the policy of the Panel to than an agency in litigation with the make promptly available for public in- agency; spection and copying, upon request by (6) Personnel and medical files and any person, other records where the similar files the disclosure of which request reasonably describes such would constitute a clearly unwarrantrecords and otherwise conforms with ed invasion of personal privacy; or the rules provided herein.

(7) Investigatory records compiled (c) The Authority, the General for law enforcement purposes, but Counsel and the Panel shall maintain only to the extent that the production and make available for public inspec- of such records would: tion and copying the current indexes (i) Interfere with an enforcement and supplements thereto which are re- proceeding; quired by 5 U.S.C. 552(a)(2) and, as ap- (ii) Deprive a person of a right to a propriate, a record of the final votes of fair trial or an impartial adjudication; each member of the Authority and of (iii) Constitute an unwarranted invathe Panel in every agency proceeding. sion of personal privacy; Any person may examine and copy (iv) Disclose the identity of a confisuch document or record of the Au- dential source and, in the case of a thority, the General Counsel or the record compiled by a criminal law enPanel at the offices of either the Au- forcement authority in the course of a thority, the General Counsel, or the criminal investigation, or by an agency Panel, as appropriate, in Washington, conducting a lawful national security

intelligence investigation, confidential (2) If the request is for records, docinformation furnished only by the uments or other information in the confidential source;

Office of the General Counsel and lo(v) Disclose investigative techniques cated in Washington, D.C., it should and procedures; or

be made to the Freedom of Informa(vi) Endanger the life or physical tion Officer, Office of the General safety of law enforcement personnel. Counsel, Washington, D.C.; and

(e) (1) The formal documents consti- (3) If the request is for records, doctuting the record in a case or proceed- uments or other information in the ofing are matters of official record and, fices of the Authority in Washington, until destroyed pursuant to applicable D.C., it should be made to the Solicistatutory authority, are available to tor of the Authority, Washington, the public for inspection and copying D.C. at the appropriate regional office of (b) Federal Service Impasses Panel. the Authority, or the offices of the

Any person who desires to inspect or Authority, the General Counsel or the

copy any records, documents or other Panel in Washington, D.C., as appro information of the Panel covered by priate, under conditions prescribed by

this part, other than those specified in the Authority, the General Counsel or

paragraphs (b) (1) and (c) of $ 2411.3, the Panel at reasonable times during

shall submit a written request to that normal working hours so long as it

effect to the Executive Director, Feddoes not interfere with the efficient

eral Service Impasses Panel, Washingoperations of the Authority, the General Counsel or the Panel.

ton, D.C. (2) The Authority, the General

(c) All requests under this part Counsel or the Panel, as appropriate,

should be clearly and prominently shall certify copies of the formal docu

identified as a request for information ments upon request made a reasonable

under the Freedom of Information Act time in advance of need and payment

and, if submitted by mail or otherwise of lawfully prescribed costs.

submitted in an envelope or other (f) (1) Copies of forms prescribed by

cover, should be clearly identified as the Authority for the filing of charges

such on the envelope or other cover. If and petitions may be obtained without

a request does not comply with the charge from any regional office of the

provisions of this paragraph, it shall Authority.

not be deemed received by the appro(2) Copies of forms prescribed by the

priate Regional Director, the Freedom

of Information Officer of the Office of Panel for the filing of requests may be obtained without charge from the

the General Counsel, the Solicitor of Panel's offices in Washington, D.C.

the Authority, or the Executive Direc

tor of the Panel, as appropriate, until § 2411.4 Procedure for obtaining informa the time it is actually received by such

person. (a) Federal Labor Relations Author

8 2411.5 Identification of information reity/General Counsel of the Federal

quested. Labor Relations Authority. Any person who desires to inspect or copy any

(a) Each request under this part records, documents or other informa

should reasonably describe the records tion of the Authority or the General

being sought in a way that they can be Counsel, covered by this part, other identified and located. A request than those specified in paragraphs should include all pertinent details (a)(1) and (c) of § 2411.3, shall submit that will help identify the records a written request to that effect as fol sought. lows:

(b) If the description is insufficient, (1) If the request is for records, doc- the officer processing the request will uments or other information in a re- so notify the person making the regional office of the Authority, it quest and indicate the additional inshould be made to the appropriate Re formation needed. Every reasonable gional Director;

effort shall be made to assist in the

tion.

identification and location of the (1) If all the records requested have record sought.

been located and a final determination (c) Upon receipt of a request for has been made with respect to disclorecords, the appropriate Regional Di sure of all of the records requested, rector, the Freedom of Information the response shall so state. Officer of the Office of the General (2) If all of the records have not Counsel, the Solicitor of the Author- been located or a final determination ity, or the Executive Director of the has not been made with respect to disPanel, as appropriate, shall enter it in closure of all the records requested, a public log. The log shall state the the response shall state the extent to date and time received, the name and which the records involved shall be address of the person making the re disclosed pursuant to the rules estabquest, the nature of the records re- lished in this part. quested, the action taken on the re- (3) If the request is expected to inquest, the date of the determination volve allowed charges in excess of letter sent pursuant to paragraphs (b) $250.00, the response shall specify or and (c) of $ 2411.6, the date(s) any estimate the fee involved and shall rerecords are subsequently furnished, quire prepayment of any charges in the number of staff-hours and grade accordance with the provisions of levels of persons who spent time re paragraph (g) of $ 2411.10 before the sponding to the request, and the pay request is processed further. ment requested and received.

(4) Whenever possible, the response

relating to a request for records that § 2411.6 Time limits for processing re- involves a fee of less than $250.00 shall quests.

be accompanied by the requested (a) All time limits established pursu

records. Where this is not possible, the ant to this section shall begin as of the

records shall be forwarded as soon as time at which a request for records is

possible thereafter, consistent with logged in by the appropriate Regional

other obligations of the Authority, the Director, the Freedom of Information

General Counsel or the Panel. Officer of the Office of the General

(c) If any request for records is Counsel, the Solicitor of the Author

denied in whole or in part, the reity, or the Executive Director of the

sponse required by paragraph (b) of Panel, as appropriate, processing the

this section shall notify the requester request pursuant to paragraph (c) of

of the denial. Such denial shall specify § 2411.5. An oral request for records

the reason therefor, set forth the shall not begin any time requirement.

name and title or position of the A written request for records sent to

person responsible for the denial, and other than the appropriate officer will

notify the person making the request be forwarded to that officer by the re

of the right to appeal the denial under ceiving officer, but in that event the

the provisions of § 2411.7. applicable time limit for response set (45 FR 3488, Jan. 17, 1980, as amended at 52 forth in paragraph (b) of this section FR 26128, July 13, 1987) shall begin upon the request being logged in as required by paragraph (c)

§ 2411.7 Appeal from denial of request. of § 2411.5.

(a) Federal Labor Relations Author(b) Except as provided in § 2411.8, ity/General Counsel of the Federal the appropriate Regional Director, the Labor Relations Authority. (1) WhenFreedom of Information Officer of the ever any request for records is denied, Office of the General Counsel, the So a written appeal may be filed within licitor of the Authority, or the Execu- thirty (30) days after the requester retive Director of the Panel, as appropri- ceives notification that the request ate, shall, within ten (10) working days has been denied or after the requester following receipt of the request, re receives any records being made availspond in writing to the requester, de- able, in the event of partial denial. If termining whether, or the extent to the denial was made by a Regional Diwhich, the request shall be complied rector or by the Freedom of Informawith.

tion Officer of the Office of the Gen

ral Counsel, the appeal shall be filed with the General Counsel in Washingon, D.C. If the denial was made by he Solicitor of the Authority, the uppeal shall be filed with the Chairnan of the Authority in Washington, D.C.

(2) The Chairman of the Authority ir the General Counsel, as approprite, shall, within twenty (20) working lays from the time of receipt of the „ppeal, except as provided in § 2411.8, nake a determination on the appeal nd respond in writing to the requestr, determining whether, or the extent o which, the request shall be comilied with.

(i) If the determination is to comply rith the request and the request is exjected to involve an assessed fee in xcess of $25.00, the determination hall specify or estimate the fee inolved and shall require prepayment f any charges due in accordance with he provisions of paragraph (a) of 2411.10 before the records are made vailable.

(ii) Whenever possible, the determilation relating to a request for records hat involves a fee of less than $25.00 hall be accompanied by the requested ecords. Where this is not possible, the ecords shall be forwarded as soon as lossible thereafter, consistent with ther obligations of the Authority or he General Counsel.

(b) Federal Service Impasses Panel. 1) Whenever any request for records s denied by the Executive Director, a vritten appeal may be filed with the Chairman of the Panel within thirty 30) days after the requester receives notification that the request has been lenied or after the requester receives iny records being made available, in he event of partial denial.

(2) The Chairman of the Panel, vithin twenty (20) working days from he time of receipt of the appeal, !xcept as provided in § 2411.8, shall nake a determination on the appeal ind respond in writing to the request'r, determining whether, or the extent o which, the request shall be complied with.

(i) If the determination is to comply with the request and the request is expected to involve an assessed fee in excess of $25.00, the determination

shall specify or estimate the fee involved and shall require prepayment of any charges due in accordance with the provisions of paragraph (a) of $ 2411.10 before the records are made available.

(ii) Whenever possible, the determination relating to a request for records that involves a fee of less than $25.00 shall be accompanied by the requested records. Where this is not possible, the records shall be forwarded as soon as possible thereafter, consistent with other obligations of the Panel.

(c) If on appeal the denial of the request for records is upheld in whole or in part by the Chairman of the Authority, the General Counsel, or the Chairman of the Panel, as appropriate, the person making the request shall be notified of the reasons for the determination, the name and title or position of the person responsible for the denial, and the provisions for judicial review of that determination under 5 U.S.C. 552(a)(4). Even though no appeal is filed from a denial in whole or in part of a request for records by the person making the request, the Chairman of the Authority, the General Counsel or the Chairman of the Panel, as appropriate, may, without regard to the time limit for filing of an appeal, sua sponte initiate consideration of a denial under this appeal procedure by written notification to the person making the request. In such event the time limit for making the determination shall commence with the issuance of such notification.

§ 2411.8 Extension of time limits.

In unusual circumstances as specified in this section, the time limits prescribed with respect to initial determinations or determinations on appeal may be extended by written notice from the officer handling the request (either initial or on appeal) to the person making such request setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in a total extension of more than ten (10) working days. As used in this section, "unusual circum

« PreviousContinue »