FEDERAL MEDIATION AND CONCILIATION SERVICE 

FISCAL YEAR 2007 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 

Program Assistant 

Federal Mediation and Conciliation Service 

2100 K Street, N.W. 

Washington, D.C. 20427 

Telephone No. (202) 606-5444 

B. Electronic address for report on the World Wide Web. 

http://www.fmcs.gov/internet/categoryList.asp?categoryID=252

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: http://www.fmcs.gov/internet/categoryList.asp?categoryID=252 on the World 

Wide Web. 
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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. 
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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 
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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 

Not applicable. 

V. Initial FOIA/PA Access Requests 

A. Numbers of initial requests. 

1. Number of requests pending as of end of preceding fiscal year 

_____1______ 

2. Number of requests received during current fiscal year 

_____91_____ 

3. Number of requests processed during current fiscal year 

_____91_____ 

4. Number of requests pending as of end of current fiscal year 

_____1___ __ 

(Enter this number also in Line VII.B.1.) 

B. Disposition of initial requests. 

1. Number of total grants _____62______ 

2. Number of partial grants ____2______ 

3. Number of denials _________0_____ 

a. number of times each FOIA exemption used 
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 (counting each exemption once per request) 

(1) Exemption 1 ______0_________ 

(2) Exemption 2 ______0_________ 

(3) Exemption 3 ______0_________ 

(4) Exemption 4 ______1________ 

(5) Exemption 5 ______1________ 

(6) Exemption 6 ______0_________ 

(7) Exemption 7(A) __0_________ 

(8) Exemption 7(B) ___0________ 

(9) Exemption 7(C) _0________ 

(10) Exemption 7(D) 

________0_______ 

(11) Exemption 7(E) 

________0_______ 

(12) Exemption 7(F) 

________0_______ 

(13) Exemption 8 _____0_________ 

(14) Exemption 9 ____0__________ 

4. Other reasons for nondisclosure (total) ___27__ 

a. no records _____23________ 

b. referrals _______1________ 

c. request withdrawn ______1________ 

d. fee-related reason _______0_______ 

e. records not reasonably described ___0______ 
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f. not a proper FOIA request for some other reason 

________0_______ 

g. not an agency record _______2_______ 

h. duplicate request __________0_____ 

i. other (specify) ________0_______ 

VI. Appeals of Initial Denials of FOIA/PA Requests 

• This should include all access requests, whether first-party or third-party. 

• Both large and small agencies should provide information in the format 

presented below. 

• Agencies may additionally use chart format for breakdown by multiple agency 

components. 

A. Numbers of appeals. 

1. Number of appeals received during fiscal year 

______2________ 

2. Number of appeals processed during fiscal year 

______2________ 

B. Disposition of appeals. 

1. Number completely upheld ______0_________ 

2. Number partially reversed _______1_________ 

3. Number completely reversed _____0_________ 

a. number of times each FOIA exemption used 

(counting each exemption once per appeal) 

(1) Exemption 1 _____0_________ 

(2) Exemption 2 _____0_________ 

(3) Exemption 3 _____0_________ 
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(4) Exemption 4 _____1_______ 

(5) Exemption 5 _____1_______ 

(6) Exemption 6 _____0_______ 

(7) Exemption 7(A) __ 0_______ 

(8) Exemption 7(B) ___0______ _ 

(9) Exemption 7(C) ___0___ ____ 

(10) Exemption 7(D) _ 0________ 

(11) Exemption 7(E) _ 0________ 

(12) Exemption 7(F) __0_____ __ 

(13) Exemption 8 ___ 0 _______ 

(14) Exemption 9 ___ 0________ 

4. Other reasons for nondisclosure (total) ___1__ 

a. no records ______1_______ 

b. referrals ________0_______ 

c. request withdrawn _____0_________ 

d. fee-related reason _______0____ ___ 

e. records not reasonably described ___0_____ 

f. not a proper FOIA request for some other reason 

_______0________ 

g. not an agency record ______0______ 

h. duplicate request _________0______ 

i. other (specify) _______0______ 
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VII. Compliance with Time Limits/Status of Pending Requests 

• If an agency believes that "average time" is a better measure of its performance, 

it should include that as well. 

• For decentralized agencies, calculating an agency-wide median may be difficult; 

a reasonable estimate may be used instead. 

• Both large and small agencies should provide information in the format 

presented below. 

• Agencies may additionally use chart format for breakdown by multiple agency 

components. 

• Agencies should count days from the time at which a request is "perfected." 

• Agencies should separately report each track of a multi-track system, as well as 

an "expedited processing" track, and may report any other type of request at their 

option. 

• Example for calculation of median: Given 7 requests completed during the 

fiscal year, aged 10, 25, 35, 65, 75, 80, and 400 days from date of perfection to 

date of completion, the total number of requests completed during the fiscal year 

would be 7 and the median age of the completed requests would be 65 days. 

• Example for calculation of median: If there were 6 pending cases aged 10, 20, 

30, 50, 120, and 200 days from date of perfection to date of completion, the total 

number of requests completed would be 6 and the median age would be 40 days 

(the average of the 2 middle numbers). 

A. Median processing time for requests processed during the year. 

1. Simple requests (if multiple tracks used). 

a. number of requests processed ___________ 

b. median number of days to process _______ 

2. Complex requests (specify for any and all tracks used). 

a. number of requests processed ____85_____ 

b. median number of days to process ___8____ 
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3. Requests accorded expedited processing. 

a. number of requests processed ______6_ __ 

b. median number of days to process ___1____ 

B. Status of pending requests. 

• Agencies using multiple tracks may provide numbers for each 

track, as well as totals. 

1. Number of requests pending as of end of current fiscal year 

________1________ 

(Enter this number from Line V.A.4.) 

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

 that date _______8_______ 

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

• Agencies should state comparisons both in total numbers and in percentage of 

change. 

• Note that the agency's annual report for 1997 covers a partial calendar year. 

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 ___________ 

E. Other narrative statements describing agency efforts to improve timeliness of 

FOIA performance and to make records available to the public (e.g., backlogreduction efforts; specification of average number of hours per processed request; 

training activities; public availability of new categories of records) 

________________ 
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IX. Costs/FOIA Staffing 

• Both large and small agencies should provide information in the format 

presented below. 

• Agencies may additionally use chart format for breakdown by multiple agency 

components. 

A. Staffing levels. 

1. Number of full-time FOIA personnel ___0_____ 

2. Number of personnel with part-time or occasional FOIA duties 

(in total work-years) _______0.45________ 

3. Total number of personnel (in work-years) __0.45___________ 

B. Total costs (including staff and all resources). 

1. FOIA processing (including appeals) __$39,000______ 

2. Litigation-related activities (estimated) ____0___ 

3. Total costs _____$39,000___________ 

4. Comparison with previous year(s) (including percentage of 

change) (optional) ___________ 

C. Statement of additional resources needed for FOIA compliance (optional) 

_______________ 

X. Fees 

• This includes charges for search, review, document duplication, and any other 

direct costs permitted under agency regulations. 

A. Total amount of fees collected by agency for processing requests 

___$445.90_____________ 

B. Percentage of total costs _______1.1%________ 
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XI. FOIA Regulations (Including Fee Schedule) 

FMCS's regulations can be accessed at: 

http://www.fmcs.gov/internet/categoryList.asp?categoryID=252. A copy of the 

regulations is attached. 

XII. Report on Executive Order 13,392 Implementation 

This section of the annual FOIA report contains the Federal Mediation and Conciliation 

Service description of its progress in implementing the milestones and goals of the 

Service FOIA Improvement Plan for FY 2007 and through January 15, 2008. 

A. Description of supplementation/modification of agency improvement plan (if applicable). 

Not applicable. 

B. Report on agency implementation of its plan, including its performance in meeting 

milestones, with respect to each improvement area. 

 1. Milestones completed: Revise Agency web page by establishing new Reading 

 Room to reduce the number and types of FOIA requests and facilitate access to a 

 wide variety of FOIA – requested/related documents including FOIA and Agency 

 Annual Reports, F-7 Notices, FAQ’s, regulations, work stoppages reports, 

 mission statements, strategic plans and Congressional submissions; establish and 

 post FOIA requestor center. 

 2. Milestone completed: Develop and post Reading Room voluntary, anonymous 

 customer satisfaction feedback form and monitor thereafter. 

 3. Milestone substantially completed: Revise FOIA Regulations pertaining to fees 

 and publish in Federal Register (awaiting approval by OMB); develop and post in 

 Reading Room. 

 4. Milestone completed: Train Agency personnel in FOIA requirements; develop 

 FOIA processing checklist. 

 5. Milestone substantially completed: Revise current fee assessment and 

 incorporate into Agency FOIA regulations; revised fees have been published as 

 proposed rule revisions in the Federal Register and are awaiting OMB approval. 

C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) 

 1. FOIA Improvement Plan area to which the deficient milestones relates. 

 Revised FOIA regulations related to fees. 
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 2. Deficient milestone and the original target date from the FOIA Improvement Plan. 

 Implement and post on FMCS website by October 30, 2007 revised FOIA 

 regulations related to fees. 

 3. Steps taken to correct the deficiency and the dates by which the steps were 

 completed. 

 Sixty day (August 3, 2007) and Thirty day (November 5, 2007) notices of 

 proposed revisions to FOIA rules regarding fees published in the Federal Register. 

 4. Future remedial steps and the dates by which the steps will be completed. 

 

 Revisions to FOIA rules regarding fees currently pending before OMB for 

 approval. Anticipated action by OMB prior to October 1, 2008. Implementation 

 and posting of proposed FOIA rules to follow within 60 days of OMB approval. 

 D. Additional narrative statements regarding other executive order-related activities 

 (optional). 

Not applicable. 

E. Concise descriptions of FOIA exemptions. 

 FMCS has relied upon the mediation privilege recognized under Exemptions 4 and 5 to 

 withhold all written and oral confidential communications made in connection with or 

 during a mediation conducted by a neutral Agency mediator. 

F. Additional Statistics. 

1. Ten Oldest Pending FOIA Requests 

Using the template provided below, please list in the appropriate column labeled by year, 

each of your ten oldest pending requests as of January 1, 2008. Please list the requests by 

the date it was received by your agency. (An illustrative example is provided in the 

template.) 

Calendar 

Year 

2000 2001 2002 2003 2004 2005 2006 2007 

Requests 0 0 0 0 0 0 0 None 

2. Consultations 
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a.) Number of Consultations Received, Processed, and Pending 

Please provide the number of consultations received, processed, and currently pending, in 

the appropriate column below. (An illustrative example is provided in the template.) 

Consultations Received 

From Other Agencies 

During FY07 

Consultations Received 

From Other Agencies That 

Were Processed by Your 

Agency During FY07 

(includes those received 

prior to FY07) 

Consultations Received 

From Other Agencies That 

Were Pending at Your 

Agency as of October 1, 

2007 

(includes those received 

prior to FY07) 

0 0 0 

b.) Ten Oldest Pending Consultations Received From Other Agencies 

Using the template provided below, please list in the appropriate column labeled by year, 

each of your ten oldest pending consultations received from other agencies as of January 

1, 2008. Please list the consultations by the date it was received by your agency. (An 

example is provided in the template.) 

Calendar 

Year 

1999 2000 2001 2002 2003 2004 2005 2006 2007 

Consults 

Received

0 0 0 0 0 0 0 0 None 

G. Attach a copy of the current version of your agency's FOIA Improvement Plan. 

 A copy of the current plan is attached. 
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ANNUAL REPORT SUBMISSION PROCEDURE 

Agencies should prepare their annual FOIA reports in this format beginning with their annual 

reports covering the period October 1, 1997 to September 30, 1998. Congress changed the 

annual reporting period from a calendar year to a fiscal year as of fiscal year 1998 -- which 

leaves a nine-month reporting period for calendar year 1997 reports to Congress under the old 

timetable and reporting requirements. See FOIA Update, Winter 1997, at 6 (advising that new 

reporting requirements and timetable apply to neither 1996 nor 1997 annual reports). 

Under the Electronic FOIA amendments, agencies are given four months to prepare their annual 

reports after the conclusion of each fiscal year. The amendments provide that by February 1 of 

each year (beginning February 1, 1999), each agency must complete its annual FOIA report and 

submit it to the Department of Justice. See 5 U.S.C. § 552(e)(1). The Department of Justice, in 

turn, will make all annual reports available "at a single electronic access point" and notify 

Congress that this is done. 5 U.S.C. § 552(e)(3). The statute strongly compels all agencies to 

make their annual reports available to the public electronically, through placement on their own 

World Wide Web sites. See 5 U.S.C. § 552(e)(2); see also H.R. Rep. No. 104-795, at 28 (1996). 

To facilitate this process, each agency should simply send a copy of its annual report to the 

Office of Information and Privacy by no later than February 1 of each year, with an indication of 

its location on the World Wide Web. (Any agency unable to do so should contact OIP in 

advance.) The Department of Justice will establish and maintain a World Wide Web site 

devoted to the compilation of all annual FOIA reports as of February 1999.