Federal Mediation and Conciliation Service

FY 2021 Freedom of Information Act Annual Report

Section I: Basic Information Regarding Report 

1. Provide name, title, address, and telephone number of person(s) to be contacted with questions about the Report. 

Sarah Cudahy

Chief FOIA Officer

Federal Mediation and Conciliation Service

250 E Street SW, 7th Floor

Washington, D.C. 20427

Phone: (202) 606-5444

scudahy@fmcs.gov

2. Provide an electronic link for access to the Report on the agency Web site. 

An electronic link to the Report appears on the website here.

3. Explain how to obtain a copy of the Report in paper form.

To obtain a paper copy of this Report, please contact the FOIA Office at the address and phone number listed above, 

download the report from the electronic link provided, or email foia@fmcs.gov. 

Section II: Making a FOIA Request

1. Provide names, addresses, and telephone numbers of all individual agency components that receive FOIA requests.
FOIA requests should be sent in writing by email, mail, or fax using the information below. FOIA requests can also be sent 

using foia.gov or by using the FMCS website through the Public Access Link (PAL). 

Federal Mediation and Conciliation Service

Attn: FOIA Officer

250 E Street, SW, 7th floor

Washington, D.C. 20427

Phone: (202) 606-5444

Fax: (202) 606-5444

Foia@fmcs.gov

2. Provide a brief description of why some requests are not granted and an overview of certain general categories of the 

agency’s records to which the FOIA exemptions apply.

Portions of some requests are withheld for the following reasons:

Exemption 4 has been applied to confidential business information. This exemption also encompasses a mediation 

privilege. 

Exemption 5 has been applied to withhold intra-agency communications that are protected by legal privileges, such as 

attorney-client privilege. 

Exemption 6 has been applied to personal information such as a person’s social security number, address, phone 

number, age, or date of birth or any other information that would result in an unwarranted invasion of privacy. 

3. Provide a functional electronic link to agency FOIA regulations, including the agency’s fee schedule. 

A link to the FMCS FOIA regulations, 29 CFR 1401.20-1401.36, appears on the web site at https://www.fmcs.gov/foia/.
Section III: Acronyms, Definitions, and Exemptions

1. Include the following definitions of terms used in this Report:

a. Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA 

determination made by the agency at the initial request level. 

b. 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. 

c. Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year 

that are beyond the statutory time period for a response. 

d. Component – for agencies that process requests on a decentralized basis, a "component" is an entity, also sometimes 

referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The 

FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each 

principal component of the agency. 

e. Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another 

agency or component within the same agency for its review because that other agency has an interest in the 

document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the 

agency or component within the same agency that forwarded it. That agency, in turn, will then respond to the FOIA 

requester. 

f. Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to 

withhold information under subsection (b)(3) of the FOIA. 

g. FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another 

person (i.e., a "third-party" request), or concerning an organization, or a particular topic of interest. FOIA requests also 

include requests made by requesters seeking records concerning themselves (i.e., "first-party" requests) when 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.) 

h. Full Grant – an agency decision to disclose all records in full in response to a FOIA request. 

i. Full Denial – an agency decision not to release any records in response to a FOIA request because the records are 

exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as 

when no records could be located. 

j. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. 

k. 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 

granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first 

out basis. 

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 multi-track processing places in its fastest (nonexpedited) track based on the low volume and/or simplicity of the records requested. 

iii. Complex Request – a FOIA request that an agency using multi-track processing places in a slower track 

based on the high volume and/or complexity of the records requested.

l. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records 

and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a 

procedural reason. 
m. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not 

taken final action in all respects. 

n. Perfected Request – a request for records which reasonably describes such records and is made in accordance with 

published rules stating the time, place, fees (if any) and procedures to be followed. 

o. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has 

taken final action in all respects. 

p. Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. 

q. Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working 

days from receipt of a perfected FOIA request). 

2. Include the following concise descriptions of the nine FOIA exemptions:

a. Exemption 1: classified national defense and foreign relations information 

b. Exemption 2: information that is related solely to the internal personnel rules and practices of an agency 

c. Exemption 3: information that is prohibited from disclosure by another federal law

d. Exemption 4: trade secrets and other confidential business information 

e. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges 

f. Exemption 6: information involving matters of personal privacy 

g. Exemption 7: records or information compiled for law enforcement purposes, to the extent that the production of 

those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a 
person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an 

unwarranted invasion of personal privacy, (D) could reasonably be 26 Department of Justice Annual FOIA Report 

Handbook expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for 

law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or 

prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual 

h. Exemption 8: information relating to the supervision of financial institutions 

i. Exemption 9: geological information on wells

3. Agency Component Abbreviations

Component Abbreviation Component Name

FMCS Federal Mediation and Conciliation Service

IV. Exemption 3 Statutes

Statute Type of Information

Withheld

Case 

Citation Agency / Component

Number of Times

Relied upon

by Agency / Component

Total Number of

Times Relied upon

by Agency Overall

N/A N/A N/A FMCS 0 0
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number of Requests

Pending as of Start

of Fiscal Year

Number of

Requests Received

in Fiscal Year

Number of

Requests Processed

in Fiscal Year

Number of Requests

Pending as of End

of Fiscal Year

FMCS 0 20 19 1

AGENCY OVERALL 0 20 19 1

*After reviewing its database, FMCS updated the number of requests pending at the start of the Fiscal Year.

V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Compon

ent

Numb

er of 

Full 

Grant

s

Numb

er of 

Partia

l 

Grant

s / 

Partia

l 

Denia

ls

Number 

of Full 

Denials 

Based 

on 

Exempti

ons

Number of Full Denials Based on Reasons Other than Exemptions

No 

Recor

ds

All 

Records 

Referred 

to 

Another 

Compon

ent or 

Agency

Request 

Withdra

wn

FeeRelat

ed 

Reas

on

Records 

not 

Reasona

bly 

Describe

d

Impro

per 

FOIA 

Reque

st for 

Other 

Reaso

n

Not 

Agen

cy 

Reco

rd

Duplic

ate 

Reque

st

Other 

*Expl

ain in 

Chart 

Below

TOT

AL

FMCS 5 3 3 5 0 2 0 0 1 0 0 0 19

AGENCY 

OVERALL 5 3 3 5 0 2 0 0 1 0 0 0 19
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN 

EXEMPTIONS"

Agency / Component Description of "Other" Reasons for Denials 

from Chart B(1)

Number of Times "Other" Reason 

Was Relied Upon TOTAL

FMCS N/A 0 0

AGENCY OVERALL 0

V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component

Ex. 

1

Ex. 

2

Ex. 

3

Ex. 

4

Ex. 

5

Ex. 

6

Ex. 

7(A)

Ex. 

7(B)

Ex. 

7(C)

Ex. 

7(D)

Ex. 

7(E)

Ex. 

7(F)

Ex. 

8

Ex. 

9

FMCS 0 0 0 2 3 3 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 2 3 3 0 0 0 0 0 0 0 0
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING 

ADMINISTRATIVE APPEALS

Agency / Component

Number of Appeals

Pending as of Start

of Fiscal Year

Number of

Appeals Received

in Fiscal Year

Number of

Appeals Processed

in Fiscal Year

Number of Appeals

Pending as of End

of Fiscal Year

FMCS 0 0 0 0

AGENCY OVERALL 0 0 0 0

VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / 

Component

Number 

Affirmed 

on Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded 

on Appeal

Number Completely 

Reversed/Remanded 

on Appeal

Number of 

Appeals 

Closed for 

Other 

Reasons

TOTAL

FMCS 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0
VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component

Ex. 

1

Ex. 

2

Ex. 

3

Ex. 

4

Ex. 

5

Ex. 

6

Ex. 

7(A)

Ex. 

7(B)

Ex. 

7(C)

Ex. 

7(D)

Ex. 

7(E)

Ex. 

7(F)

Ex. 

8

Ex. 

9

FMCS 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0

VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Compone

nt

No 

Record

s

Records 

Referre

d at 

Initial 

Request 

Level

Request 

Withdraw

n

FeeRelate

d 

Reaso

n

Records 

not 

Reasonabl

y 

Described

Imprope

r 

Request 

for 

Other 

Reasons

Not 

Agenc

y 

Recor

d

Duplicat

e 

Request 

or 

Appeal

Request 

in 

Litigatio

n

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedite

d 

Processin

g

Other 

*Explai

n in 

chart 

below

FMCS 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

Component

Description of "Other" Reasons for 

Denial on Appeal from Chart C(2)

Number of Times "Other" 

Reason Was Relied Upon TOTAL

FMCS N/A 0 0

AGENCY 

OVERALL 0

VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number 

of Days

Average Number 

of Days

Lowest Number of 

Days

Highest Number 

of Days

FMCS N/A N/A N/A N/A

AGENCY OVERALL N/A N/A N/A N/A
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal

FMCS

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of 

Days Pending 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of 

Days Pending 0 0 0 0 0 0 0 0 0 0

VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Componen

t

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Numbe

r of 

Days

Averag

e 

Numbe

r of 

Days

Lowest 

Numbe

r of 

Days

Highest 

Numbe

r of 

Days

Median 

Numbe

r of 

Days

Averag

e 

Numbe

r of 

Days

Lowest 

Numbe

r of 

Days

Highest 

Numbe

r of 

Days

Median 

Numbe

r of 

Days

Averag

e 

Numbe

r of 

Days

Lowest 

Numbe

r of 

Days

Highest 

Numbe

r of 

Days

FMCS 20 28.4 1 87 N/A N/A N/A N/A N/A N/A N/A N/A

AGENCY 

OVERALL 20 28.4 1 87 N/A N/A N/A N/A N/A N/A N/A N/A
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED

Agency / 

Componen

t

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Numbe

r of 

Days

Averag

e 

Numbe

r of 

Days

Lowest 

Numbe

r of 

Days

Highest 

Numbe

r of 

Days

Median 

Numbe

r of 

Days

Averag

e 

Numbe

r of 

Days

Lowest 

Numbe

r of 

Days

Highest 

Numbe

r of 

Days

Median 

Numbe

r of 

Days

Averag

e 

Numbe

r of 

Days

Lowest 

Numbe

r of 

Days

Highest 

Numbe

r of 

Days

FMCS 20 28.8 3 87 N/A N/A N/A N/A N/A N/A N/A N/A

AGENCY 

OVERALL 20 28.8 3 87 N/A N/A N/A N/A N/A N/A N/A N/A

VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-

20

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100 

Days

101-

120 

Days

121-

140 

Days

141-

160 

Days

161-

180 

Days

181-

200 

Days

201-

300 

Days

301-

400 

Days

401+

Days TOTAL

FMCS 10 2 3 2 1 0 0 0 0 0 0 0 0 18

AGENCY 

OVERALL 10 2 3 2 1 0 0 0 0 0 0 0 0 18
VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-

20

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100 

Days

101-

120 

Days

121-

140 

Days

141-

160 

Days

161-

180 

Days

181-

200 

Days

201-

300 

Days

301-

400 

Days

401+

Days TOTAL

FMCS 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-

20

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100 

Days

101-

120 

Days

121-

140 

Days

141-

160 

Days

161-

180 

Days

181-

200 

Days

201-

300 

Days

301-

400 

Days

401+

Days TOTAL

FMCS 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

Number 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

Number 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

FMCS 1 <1 <1 0 N/A N/A 0 N/A N/A

AGENCY 

OVERALL 1 <1 <1 0 N/A N/A 0 N/A N/A

VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th 

Oldest 

Request

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request

FMCS

Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A 2021-09-30

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 1

AGENCY 

OVERALL

Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A 2021-09-30

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 1
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / Component Number 

Granted

Number 

Denied

Median Number of 

Days to Adjudicate

Average Number of 

Days to Adjudicate

Number Adjudicated 

Within Ten Calendar Days

FMCS 0 0 N/A N/A 0

AGENCY OVERALL 0 0 N/A N/A 0

VIII.B. Requests for Fee Waiver

Agency / Component Number 

Granted

Number 

Denied

Median Number of 

Days to Adjudicate

Average Number of Days to 

Adjudicate

FMCS 0 0 N/A N/A

AGENCY OVERALL 0 0 N/A N/A
IX. FOIA Personnel and Costs

Agency / Component

PERSONNEL COSTS

Number of "Full-Time 

FOIA Employees"

Number of 

"Equivalent 

Full-Time FOIA 

Employees"

Total 

Number of 

"Full-Time 

FOIA Staff"

Processing 

Costs

LitigationRelated 

Costs

Total Costs

FMCS 0 3.00 3.00 43750.00 0.00 43750.00

AGENCY OVERALL 0 3.00 3.00 43750.00 0.00 43750.00

X. Fees Collected for Processing Requests

Agency / Component Total Amount of Fees Collected Percentage of Total Costs

FMCS 0.00 0.0000

AGENCY OVERALL 0.00 0.0000
XI.A. Number of Times Subsection (C) Used

Agency / Component Number of Times Subsection Used

FMCS 0

AGENCY OVERALL 0

XI.B. Number of Subsection (A)(2) Postings

Agency / Component Number of Records Posted by the FOIA Office Number of Records Posted by Program Offices

FMCS 12 0

AGENCY OVERALL 12 0

XII.A. Backlogs of FOIA Requests and Administrative Appeals

Agency / Component Number of Backlogged Requests 

as of End of Fiscal Year

Number of Backlogged Appeals 

as of End of Fiscal Year

FMCS 0 0

AGENCY OVERALL 0 0
XII.B. CONSULTATIONS ON FOIA REQUESTS – RECEIVED, PROCESSED, AND PENDING CONSULTATIONS

Agency / 

Component

Number of Consultations 

Received from Other 

Agencies that were Pending

at the 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 the 

Agency During the 

Fiscal Year

Number of Consultations Received 

from Other Agencies that were 

Pending at the Agency as of End

of the Fiscal Year

FMCS 0 0 0 0

AGENCY 

OVERALL 0 0 0 0

XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING 

AT THE AGENCY

Agency / 

Component

10th Oldest 

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

FMCS

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED 

AND PROCESSED

Agency / Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received During 

Fiscal Year from Last 

Year's Annual Report

Number Received 

During Fiscal Year 

from Current 

Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed During Fiscal 

Year from Current Annual Report

FMCS 58 20 56 19

AGENCY OVERALL 58 20 56 19

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED 

REQUESTS

Agency / Component 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 Report

FMCS 0 0

AGENCY OVERALL 0 0
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

APPEALS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number Received 

During Fiscal Year 

from Last Year's 

Annual Report

Number Received 

During Fiscal Year 

from Current 

Annual Report

Number Processed 

During Fiscal Year 

from Last Year's 

Annual Report

Number Processed During Fiscal 

Year from Current Annual 

Report

FMCS 1 0 1 0

AGENCY OVERALL 1 0 1 0

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

BACKLOGGED APPEALS

Agency / Component 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

FMCS 0 0

AGENCY OVERALL 0 0