**FEDERAL MEDIATION AND CONCILIATION SERVICE**

**FISCAL YEAR 2005 FOIA REPORT**

I. Basic Information Regarding Report

> A. Name, title, address, and telephone number of person(s) to be
> contacted with questions about the report.
>
> Mery Skolochenko
>
> Staff Assistant
>
> Federal Mediation and Conciliation Service
>
> 2100 K Street, N.W.
>
> Washington, D.C. 20427
>
> Tel. No. (202) 606-5444
>
> B. Electronic address for report on the World Wide Web.
>
> www.fmcs.gov/foia/foia.htm
>
> C. How to obtain a copy of the report in paper form.
>
> Send a written request to:
>
> Federal Mediation and Conciliation Service
>
> Office of the General Counsel
>
> 2100 K Street, N.W.
>
> Washington, D.C. 20427

II\. How to Make a FOIA Request

> A. Names, addresses, and telephone numbers of all individual agency
> components and offices that receive FOIA requests.
>
> FOIA requests should be sent to: Federal Mediation and Conciliation
> Service, Office of the General Counsel, 2100 K Street, N.W.,
> Washington, D.C., 20427. The telephone number for the Office of
> General Counsel is (202) 606-5444. The formal rules for the making of
> FOIA requests to the Federal Mediation and Conciliation Service are
> set forth in Chapter 12 of Volume 29 of the Code of Federal
> Regulations. This multiple-volume set is available in all law
> libraries and federal depository libraries. These regulations also can
> be accessed at www.fmcs.gov/foia/foia.htm on the World Wide Web.
>
> B. Brief description of the agency\'s response-time ranges.
>
> Under the FOIA, all federal agencies are required to respond to a FOIA
> request within twenty business days, excluding Saturdays, Sundays, and
> legal holidays. This period does not begin until the request is
> actually received by the FOIA office of the component that maintains
> the records sought. An agency is not required to send out the
> releasable documents by the last business day; it can send you a
> letter informing you of its decision and then send out the documents
> within a reasonable time afterward.
>
> C. Brief description of why some requests are not granted.
>
> The FOIA provides access to all federal agency records (or portions of
> those records), except for those records that are withheld under any
> of nine exemptions or three exclusions (reasons for which an agency
> may withhold records from a requester). The exemptions authorize
> federal agencies to withhold information covering: (1) classified
> national defense and foreign relations information; (2) internal
> agency rules and practices; (3) information that is prohibited from
> disclosure by another federal law; (4) trade secrets and other
> confidential business information; (5) inter-agency or intra-agency
> communications that are protected by legal privileges; (6) information
> involving matters of personal privacy; (7) certain types of
> information compiled for law enforcement purposes; (8) information
> relating to the supervision of financial institutions; and (9)
> geological information on wells. The three exclusions, which are
> rarely used, pertain to especially sensitive law enforcement and
> national security matters.

III\. Definitions of Terms and Acronyms Used in the Report

A. Agency-specific acronyms or other terms.

> 1\. FMCS \--Federal Mediation and Conciliation Service.

B. Basic terms, expressed in common terminology.

> 1\. FOIA/PA request \-- Freedom of Information Act/Privacy Act
> request. A FOIA request is generally a request for access to records
> concerning a third party, an organization, or a particular topic of
> interest. Privacy Act request is a request for records concerning
> oneself; such requests are also treated as FOIA requests. (All
> requests for access to records, regardless of which law is cited by
> the requester, are included in this report.)
>
> 2\. Initial Request \-- a request to a federal agency for access to
> records under the Freedom of Information Act.
>
> 3\. Appeal \-- a request to a federal agency asking that it review at
> a higher administrative level a full denial or partial denial of
> access to records under the Freedom of Information Act, or any other
> FOIA determination such as a matter pertaining to fees.
>
> 4\. Processed Request or Appeal \-- a request or appeal for which an
> agency has taken a final action on the request or the appeal in all
> respects.
>
> 5\. Multi-track processing \-- a system in which simple requests
> requiring relatively minimal review are placed in one processing track
> and more voluminous and complex requests are placed in one or more
> other tracks. Requests in each track are processed on a first-in/first
> out basis. A requester who has an urgent need for records may request
> expedited processing (see below).
>
> 6\. Expedited processing \-- an agency will process a FOIA request on
> an expedited basis when a requester has shown an exceptional need or
> urgency for the records which warrants prioritization of his or her
> request over other requests that were made earlier.
>
> 7\. Simple request \-- a FOIA request that an agency using multi-track
> processing places in its fastest (non-expedited) track based on the
> volume and/or simplicity of records requested.
>
> 8\. Complex request \-- a FOIA request that an agency using
> multi-track processing places in a slower track based on the volume
> and/or complexity of records requested.
>
> 9\. Grant \-- an agency decision to disclose all records in full in
> response to a FOIA request.
>
> 10\. Partial grant \-- an agency decision to disclose a record in part
> in response to a FOIA request, deleting information determined to be
> exempt under one or more of the FOIA\'s exemptions; or a decision to
> disclose some records in their entireties, but to withhold others in
> whole or in part.
>
> 11\. Denial \-- an agency decision not to release any part of a record
> or records in response to a FOIA request because all the information
> in the requested records is determined by the agency to be exempt
> under one or more of the FOIA\'s exemptions, or for some procedural
> reason (such as because no record is located in response to a FOIA
> request).
>
> 12\. Time limits \-- the time period in the Freedom of Information Act
> for an agency to respond to a FOIA request (ordinarily 20 working days
> from proper receipt of a \"perfected\" FOIA request).
>
> 13\. \"Perfected\" request \-- a FOIA request for records which
> adequately describes the records sought, which has been received by
> the FOIA office of the agency or agency component in possession of the
> records, and for which there is no remaining question about the
> payment of applicable fees.
>
> 14\. Exemption 3 statute \-- a separate federal statute prohibiting
> the disclosure of a certain type of information and authorizing its
> with holding under FOIA subsection (b)(3).
>
> 15\. Median number \-- the middle, not average, number. For example,
> of 3, 7, and 14, the median number is 7.
>
> 16\. Average number \-- the number obtained by dividing the sum of a
> group of numbers by the quantity of numbers in the group. For example,
> of 3, 7, and 14, the average number is 8.

IV\. Exemption 3 Statutes

> A. List of Exemption 3 statutes relied on by agency during current
> fiscal year:
>
> [National Labor Relations Act 29 USC §151 et seq.]{.underline}
>
> 1\. Brief description of type(s) of information withheld under each
> statute: [Redacted confidential client information from the records in
> order to maintain the confidentiality of the mediation
> process.]{.underline}
>
> 2\. Statement of whether a court has upheld the use of each statute.
> If so, then cite example:
>
> [No court has upheld the statute in the FOIA context; however, the
> Ninth Circuit Court of Appeals recognized the statutory basis under
> the NLRA to maintain confidentiality within the labor mediation
> context and has quashed subpoenas for FMCS mediators. NLRB v. Joseph
> Macaluso, Inc. dba Lemon Tree, 618 F 2d 51 (9^th^ Cir.
> 1980)]{.underline}

V. Initial FOIA/PA Access Requests

> A. Numbers of initial requests.
>
> 1\. Number of requests pending as of end of preceding fiscal year:
> 10[^1]
>
> 2\. Number of requests received during current fiscal year: 124[^2]
>
> 3\. Number of requests processed during current fiscal year: 134
>
> 4\. Number of requests pending as of end of current fiscal year: 0
>
> B. Disposition of initial requests.
>
> 1\. Number of total grants: 116
>
> 2\. Number of partial grants: 0
>
> 3\. Number of denials: 0
>
> a\. number of times each FOIA exemption used (counting each exemption
> once per request)
>
> \(1\) Exemption 1: [0]{.underline}
>
> \(2\) Exemption 2: [0]{.underline}
>
> \(3\) Exemption 3: 0
>
> \(4\) Exemption 4: [0]{.underline}
>
> \(5\) Exemption 5: [0]{.underline}
>
> \(6\) Exemption 6: [0]{.underline}
>
> \(7\) Exemption 7(A): [0]{.underline}
>
> \(8\) Exemption 7(B): [0]{.underline}
>
> \(9\) Exemption 7(C): [0]{.underline}
>
> \(10\) Exemption 7(D): [0]{.underline}
>
> \(11\) Exemption 7(E): [0]{.underline}
>
> \(12\) Exemption 7(F): [0]{.underline}
>
> \(13\) Exemption 8: [0]{.underline}
>
> \(14\) Exemption 9: [0]{.underline}
>
> 4\. Other reasons for nondisclosure    (total): 18
>
>     a. no records: 12
>
>     b. referrals: 1
>
>     c. request withdrawn: 5
>
>     d. fee-related reason: [0]{.underline}
>
>     e. records not reasonably described: [0]{.underline}
>
>      
>
>     f. not a proper FOIA request for some other reason:
> [0]{.underline}
>
>     g. not an agency record: [0]{.underline}
>
>     h. duplicate request: [0]{.underline}
>
>     i. other (specify): [0]{.underline}

VI\. Appeals of Initial Denials of FOIA/PA Requests

> A. Numbers of appeals.
>
> 1\. Number of appeals received during fiscal year: [0]{.underline}
>
> 2\. Number of appeals processed during fiscal year: 0
>
> B. Disposition of appeals.
>
> 1\. Number completely upheld: [0]{.underline}
>
> 2\. Number partially reversed: [0]{.underline}
>
> 3\. Number completely reversed: [0]{.underline}
>
> a\. Number of times each FOIA exemption used (counting each exemption
> once per appeal)
>
> \(1\) Exemption 1: [N/A]{.underline}
>
> \(2\) Exemption 2: [N/A]{.underline}
>
> \(3\) Exemption 3: [N/A]{.underline}
>
> \(4\) Exemption 4: [N/A]{.underline}
>
> \(5\) Exemption 5: N/A
>
> \(6\) Exemption 6: [N/A]{.underline}
>
> \(7\) Exemption 7(A): [N/A]{.underline}
>
> \(8\) Exemption 7(B): [N/A]{.underline}
>
> \(9\) Exemption 7(C): [N/A]{.underline}
>
> \(10\) Exemption 7(D): [N/A]{.underline}
>
> \(11\) Exemption 7(E): [N/A]{.underline}
>
> \(12\) Exemption 7(F): [N/A]{.underline}
>
> \(13\) Exemption 8: [N/A]{.underline}
>
> \(14\) Exemption 9: [N/A]{.underline}
>
> 4\. Other reasons for nondisclosure (total) [N/A]{.underline}
>
> a\. no records: [0]{.underline}
>
> b\. referrals: [N/A]{.underline}
>
> c\. request withdrawn: [N/A]{.underline}
>
> d\. fee-related reason: [N/A]{.underline}
>
> e\. records not reasonably described: [N/A]{.underline}
>
> f\. not a proper FOIA request for some other reason: [N/A]{.underline}
>
> g\. not an agency record: [N/A]{.underline}
>
> h\. duplicate request: [N/A]{.underline}
>
> i\. other (specify): [N/A]{.underline}

VII\. Compliance with Time Limits/Status of Pending Requests

> A. Median processing time for requests processed during the year.
>
> 1\. Simple requests (if multiple tracks used).
>
> a\. number of requests processed: [N/A]{.underline}
>
> b\. median number of days to process: [N/A]{.underline}
>
> 2\. Complex requests (specify for any and all tracks used).
>
> a\. number of requests processed: 134
>
> b\. median number of days to process: [8]{.underline}
>
> 3\. Requests accorded expedited processing.
>
> a\. number of requests processed: [N/A]{.underline}
>
> b\. median number of days to process: [N/A]{.underline}
>
> B. Status of pending requests.
>
> 1\. Number of requests pending as of end of current fiscal year: 0

2.  Median number of days that such requests were pending as of that
    date: 0

VIII\. Comparisons with Previous Year(s) (Optional)

> A. Comparison of numbers of requests received \_\_\_\_\_\_\_
>
> B. Comparison of numbers of requests processed \_\_\_\_\_\_
>
> C. Comparison of median numbers of days requests were pending as of
> end of fiscal year \_\_\_\_\_\_\_\_\_\_\_
>
> D. Other statistics significant to agency [Received 0 request for
> Expedited processing, therefore granted 0]{.underline}.
>
> E. Other narrative statements describing agency efforts to improve
> timeliness of FOIA performance and to make records available to the
> public (e.g., backlog-reduction efforts; specification of average
> number of hours per processed request; training activities; public
> availability of new categories of records)
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IX\. Costs/FOIA Staffing

> A. Staffing levels.
>
> 1\. Number of full-time FOIA personnel: [0]{.underline}
>
> 2\. Number of personnel with part-time or occasional FOIA duties (in
> total work-years): [0.40]{.underline}
>
> 3\. Total number of personnel (in work-years): [0.40]{.underline}
>
> B. Total costs (including staff and all resources).
>
> 1\. FOIA processing (including appeals): [\$24,000]{.underline}
>
> 2\. Litigation-related activities (estimated): [0]{.underline}
>
> 3\. Total costs: [\$24,000]{.underline}
>
> 4\. Comparison with previous year(s) (including percentage of change)
> (optional)
>
> C. Statement of additional resources needed for FOIA compliance
> (optional)

X. Fees

> A. Total amount of fees collected by agency for processing requests:
> \$291.32
>
> B. Percentage of total costs: [N/A]{.underline}

XI\. FOIA Regulations (Including Fee Schedule)

> FMCS\'s regulations can be accessed at www.fmcs.gov/foia/foia.htm on
> the World Wide Web.

[^1]: "Last year this number was reported as 12. Because of better
    record keeping practices, we have determined that the number should
    be 10."

[^2]: ^2^ Since June of 2003, we have had the F-7 Notices Reports posted
    on a monthly basis on our website. The F-7 notices accounted for a
    great number of FOIA requests, therefore our FOIA requests have
    declined as they relate to F-7 notices.