[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2411.3]
[Page 347-349]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2411--AVAILABILITY OF OFFICIAL INFORMATION--Table of Contents
Sec. 2411.3 Information policy.
(a) Federal Labor Relations Authority/General Counsel of the Federal
Labor Relations Authority. (1) It is the policy of the Federal Labor
Relations Authority and the General Counsel of the Federal Labor
Relations Authority to make available for public inspection and copying:
(i) Final decisions and orders of the Authority and administrative
rulings of the General Counsel; (ii) statements of policy and
interpretations which have been adopted by the Authority or by the
General Counsel and are not published in the Federal Register; and (iii)
administrative staff manuals and instructions to staff that affect a
member of the public (except those establishing internal operating
rules, guidelines, and procedures for the investigation, trial, and
settlement of cases). Any person may examine and copy items (i) through
(iii) at each regional office of the Authority and at the offices of the
Authority and the General Counsel, respectively, in Washington, DC,
under conditions prescribed by the Authority and the General Counsel,
respectively, and at reasonable times during normal working hours so
long as it does not interfere with the efficient operations of the
Authority and the General Counsel. To the extent required to prevent a
clearly unwarranted invasion of personal privacy, identifying details
may be deleted and, in each case, the justification for the deletion
shall be fully explained in writing.
(2) It is the policy of the Authority and the General Counsel to
make promptly available for public inspection and copying, upon request
by any
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person, other records where the request reasonably describes such
records and otherwise conforms with the rules provided herein.
(b) Federal Service Impasses Panel. (1) It is the policy of the
Federal Service Impasses Panel to make available for public inspection
and copying: (i) Procedural determinations of the Panel; (ii)
factfinding and arbitration reports; (iii) final decisions and orders of
the Panel; (iv) statements of policy and interpretations which have been
adopted by the Panel and are not published in the Federal Register; and
(v) administrative staff manuals and instructions to staff that affect a
member of the public. Any person may examine and copy items (i) through
(v) at the Panel's offices in Washington, D.C., under conditions
prescribed by the Panel, and at reasonable times during normal working
hours so long as it does not interfere with the efficient operations of
the Panel. To the extent required to prevent a clearly unwarranted
invasion of personal privacy, identifying details may be deleted and, in
each case, the justification for the deletion shall be fully explained
in writing.
(2) It is the policy of the Panel to make promptly available for
public inspection and copying, upon request by any person, other records
where the request reasonably describes such records and otherwise
conforms with the rules provided herein.
(c) The Authority, the General Counsel and the Panel shall maintain
and make available for public inspection and copying the current indexes
and supplements thereto which are required by 5 U.S.C. 552(a)(2) and, as
appropriate, a record of the final votes of each member of the Authority
and of the Panel in every agency proceeding. Any person may examine and
copy such document or record of the Authority, the General Counsel or
the Panel at the offices of either the Authority, the General Counsel,
or the Panel, as appropriate, in Washington, D.C., under conditions
prescribed by the Authority, the General Counsel or the Panel at
reasonable times during normal working hours so long as it does not
interfere with the efficient operations of either the Authority, the
General Counsel, or the Panel.
(d) The Authority, the General Counsel or the Panel may decline to
disclose any matters exempted from the disclosure requirements in 5
U.S.C. 552(b), particularly those that are:
(1)(i) Specifically authorized under criteria established by an
executive order to be kept secret in the interest of national defense or
foreign policy and (ii) are in fact properly classified pursuant to such
executive order;
(2) Related solely to internal personnel rules and practices of the
Authority, the General Counsel or the Panel;
(3) Specifically exempted from disclosure by statute (other than 5
U.S.C. 552(b)), provided that such statute:
(i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue; or
(ii) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(4) Trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
(5) Interagency or intra-agency memoranda or letters which would not
be available by law to a party other than an agency in litigation with
the agency;
(6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy; or
(7) Investigatory records compiled for law enforcement purposes, but
only to the extent that the production of such records would:
(i) Interfere with an enforcement proceeding;
(ii) Deprive a person of a right to a fair trial or an impartial
adjudication;
(iii) Constitute an unwarranted invasion of personal privacy;
(iv) Disclose the identity of a confidential source and, in the case
of a record compiled by a criminal law enforcement authority in the
course of a criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, confidential information
furnished only by the confidential source;
(v) Disclose investigative techniques and procedures; or
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(vi) Endanger the life or physical safety of law enforcement
personnel.
(e)(1) The formal documents constituting the record in a case or
proceeding are matters of official record and, until destroyed pursuant
to applicable statutory authority, are available to the public for
inspection and copying at the appropriate regional office of the
Authority, or the offices of the Authority, the General Counsel or the
Panel in Washington, D.C., as appropriate, under conditions prescribed
by the Authority, the General Counsel or the Panel at reasonable times
during normal working hours so long as it does not interfere with the
efficient operations of the Authority, the General Counsel or the Panel.
(2) The Authority, the General Counsel or the Panel, as appropriate,
shall certify copies of the formal documents upon request made a
reasonable time in advance of need and payment of lawfully prescribed
costs.
(f)(1) Copies of forms prescribed by the Authority for the filing of
charges and petitions may be obtained without charge from any regional
office of the Authority.
(2) Copies of forms prescribed by the Panel for the filing of
requests may be obtained without charge from the Panel's offices in
Washington, DC.