FMCS 2009 FOIA Annual Report

I. BASIC INFORMATION REGARDING REPORT 

1. Mery Skolochenko 

 Program Assistant  Federal Mediation and Conciliation Service  2100 K Street, N.W.  Washington, D.C. 20427  Tel. No. (202) 606-5444 

2. www.fmcs.gov/foia/foia.htm 3. 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. MAKING A FOIA REQUEST 

1. FOIA requests should be sent to: Federal Mediation and Conciliation Service, Office of the Gene

Street, N.W., Washington, D.C., 20427. The telephone number for the Office of General Counsel The formal rules for the making of FOIA requests to the Federal Mediation and Conciliation ServChapter 12 of Volume 29 of the Code of Federal Regulations. This multiple-volume set is availaband federal depository libraries. These regulations also can be accessed at www.fmcs.gov/foia/foiWide Web. 

2. The FMCS’ primary responsibility is to mediate collective bargaining negotiations and to otherwi

development of improved workplace relations. 
 Under Section 8(d)(1) of the National Labor Relations Act, 29 U.S.C. § 158(d)(1), employers or t

their employees, who are covered by a collective bargaining agreement, must provide written noti60 days prior to the expiration date of a proposed termination or modification of the agreement. National Labor Relations Act requires the party providing notice to also notify the FMCS of the uexpiration by filing a Notice to Mediation Agencies (F-7 form) in order to provide FMCS with a t

proffer its mediation services. 

 The great majority of inquiries to FMCS under the Freedom of Information Act (FOIA) are reque

Notices to Mediation Agencies or for Work Stoppages information. 

 FMCS’ denial of requests under FOIA as based on Exemption 6, involving matters of personal pr

Exemptions 4 and 5 pertaining to the mediator privilege. 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. FMCS used for the Federal Mediation and Conciliation Service. 2. Tterms used in this Report: 

a. Administrative Appeal – a request to a federal agency asking that it review at a higher ad

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 th

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 

year that are beyond the statutory time period for a response. 

d. Component – for agencies that process requests on a decentralized basis, a “component” i

sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the ag

FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Repo

agency overall and for each principal component of the agency. 
e. Consultation – the procedure whereby the agency responding to a FOIA request first forw

another agency for its review because that other agency has an interest in the document. Oreceipt of the consultation finishes its review of the record, it responds back to the agency That agency, in turn, will then respond to the FOIA requester. 

f. Exemption 3 Statute – a federal statute that exempts information from disclosure and wh

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 re

another person (i.e., a “third-party” request), or concerning an organization, or a particular FOIA requests also include requests made by requesters seeking records concerning themsparty” requests) when those requesters are not subject to the Privacy Act, such as non-U.S

because all first-party requesters should be afforded the benefit of both the access provisiowell as those of the Privacy Act, FOIA requests also include any first-party requests where determines that it must search beyond its Privacy Act “systems of records” or where a Privapplies, and the agency looks to FOIA to afford the greatest possible access. All requests 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 di

requester. It does not, however, include records for which the agency has received a consu

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 requei. Full Denial – an agency decision not to release any records in response to a FOIA request 

are exempt in their entireties under one or more of the FOIA exemptions, or because of a psuch as when no records could be located. 

j. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the mek. Multi-Track Processing – a system in which simple requests requiring relatively minima

one processing track and more voluminous and complex requests are placed in one or morRequests granted expedited processing are placed in yet another track. Requests in each tra first in/first out basis. 
i. Expedited Processing – an agency will process a FOIA request on an expedited b

requester satisfies the requirements for expedited processing as set forth in the statu

agency regulations. 

ii. Simple Request – a FOIA request that an agency using multi-track processing plac

fastest (non-expedited) track based on the low volume and/or simplicity of the reco

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

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 disc

records and to withhold other portions that are exempt under the FOIA, or to otherwise de

request for a procedural reason. 

m. Pending Request or Pending Administrative Appeal – a request or administrative appea

agency has not taken final action in all respects. 

n. Perfected Request – a request for records which reasonably describes such records and is 

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 ap

agency has taken final action in all respects. 

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

appeals. 

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

working days from receipt of a perfected FOIA request). 

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

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

b. Exemption 2: internal agency rules and practices 
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 prif. Exemption 6: information involving matters of personal privacy g. Exemption 7: records or information compiled for law enforcement purposes, to the exten

of those records (A) could reasonably be expected to interfere with enforcement proceedina person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expeunwarranted invasion of personal privacy, (D) could reasonably be expected to disclose th

confidential source, (E) would disclose techniques and procedures for law enforcement inv

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

IV. EXEMPTION 3 STATUTES 

A. Exemption 3 Statutes Relied upon to Withhold Information 

Statute Type of Information Withheld Case Citation Number of Times Relied upon 

per Component 

Total Num

Times Reli

by Age

N/A N/A N/A 

N/A 

 N
V. FOIA REQUESTS 

A. Received, Processed and Pending FOIA Requests 

Number of 

Requests Pending 

as of Start of 

Fiscal Year 

Number of 

Requests Received 

in Fiscal Year 

Number of 

Requests 

Processed in 

Fiscal Year 

Numbe

Reque

Pending 

End of F

Yea

 3 130 133 0 

AGENCY OVERALL 

3 130 133 0 

B. Disposition of FOIA Requests – All Processed Requests 

Number 

of 

Full 

Grants 

Number 

of Partial 

Grants/ 

Partial 

Denials 

Number of 

Full Denials 

Based on 

Exemptions 

Number of Full Denials Based on Reasons Other than Exem

No 

Records 

All Records 

Referred to 

Another 

Component 

or Agency 

Request 

Withdrawn 

FeeRelated 

Reason 

Records 

not 

Reasonably 

Described 

Improper 

FOIA 

Request 

for Other 

Reason 

Not 

Agenc

Recor

83 5 0 33 0 0 5 0 0 7 

AGENCY OVERALL 

83 5 0 33 0 0 5 0 0 7 
B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than 

Section V, B (1) Chart 

Component

Description of “Other” 

Reasons for Denials from 

Chart B (1) & Number 

of Times Those Reasons 

Were Relied upon 

TOTAL 

N/A Description # N/A 

B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied 

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

0 0 0 2 2 2 0 0 0 0 0 0 

AGENCY OVERALL 

0 0 0 2 2 2 0 0 0 0 0 0 
VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUEST 

A. Received, Processed and Pending Administrative Appeals 

Number Affirmed on 

Appeal 

Number Partially Affirmed & Partially Reversed/Remanded 

on Appeal 

Number Completely 

Reversed/Remanded on Appeal

Number 

for O

0 0 0 

B. Disposition of Administrative Appeals – All Processed Appeals 

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 

 0 1 1 0 

C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied 

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 

0 0 0 0 0 0 0 0 0 0 0 0 0 0 

0 0 0 0 0 0 0 0 0 0 0 0 0 0 
No 

Records 

Records 

Referred 

at Initial 

Request 

Level 

Request 

Withdrawn

FeeRelated 

Reason 

Records 

not 

Reasonably 

Described 

Improper 

Request 

for Other 

Reasons 

Not 

Agency 

Record 

Duplicate 

Request 

or 

Appeal 

Reques

in 

Litigatio

0 0 0 0 0 0 1 0 0 

C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart 

Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times 

Those Reasons Were Relied upon 

TOTAL 

Description # 

1 

Not Agency 

Records 

C. (4) Response Time for Administrative Appeals 

1. Provide the median, average, and range in number of days to respond to administrative app
Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days 

18 18 5 18 

 C. (5) Ten Oldest Pending Administrative Appeals 

Date of Receipt of Ten Oldest Appeals Date 

0 0 0 0 0 0 0 0 

Number of Days Pending # 

0 0 0 0 0 0 0 0 

10th Oldest 

Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd
VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS

A. Processed Requests – Response Time for All Processed Perfected Requests 

SIMPLE COMPLEX EXPEDIT

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

AveNum

of D

6 6 1 20 0 0 0 0 2 2 

AGENCY OVERALL 

6 6 1 20 0 0 0 0 2 2 
B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted 

SIMPLE COMPLEX EXPED

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

AvNu

of 

6 6 1 20 0 0 0 0 2 

AGENCY OVERALL 

6 6 1 20 0 0 0 0 2 
C. Processed Requests – Response Time in Day Increments 

Simple Requests 

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 

201-30

Days 

98 0 0 0 0 0 0 0 0 0 0 

AGENCY OVERALL 

98 0 0 0 0 0 0 0 0 0 0 

Complex Requests 

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 

201-30

Days 

0 0 0 0 0 0 0 0 0 0 0 

AGENCY OVERALL 

0 0 0 0 0 0 0 0 0 0 0 
Requests Granted Expedited Processing 

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 

201-3

Day

35 0 0 0 0 0 0 0 0 0 0 

AGENCY OVERALL 

35 0 0 0 0 0 0 0 0 0 0 
D. Pending Requests – All Pending Perfected Requests 

SIMPLE COMPLEX EXPED

PROCE

Number 

Pending

Median 

Number 

of Days 

Average Number 

of Days 

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

Pending

Med

Num

of D

0 0 0 0 0 0 0 0 

AGENCY OVERALL 

0 0 0 0 0 0 0 0 

Agency 

Overall 

10th Oldest 

Request and 

Number of 

Days Pending

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

Date 

Number of 

Days 0 

0 0 0 0 0 0 
E. Pending Requests – Ten Oldest Pending Perfected Requests 

10th Oldest 

Request and 

Number of 

Days Pending 

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

Date 

Number of 

Days 0 

0 0 0 0 0 0 
17

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER 

A. Requests for Expedited Processing 

 

Number 

Granted 

 

Number 

Denied 

Median 

Number of 

Days to 

Adjudicate 

Average 

Number of 

Days to 

Adjudicate 

Number 

Adjudicated 

Within Ten 

Calendar Days

18 14 2 2 18 

AGENCY 

OVERALL 

18 14 2 2 18 

B. Requests for Fee Waiver 

 

Number 

Granted 

 

Number 

Denied 

Median 

Number of 

Days to 

Adjudicate 

Average 

Number of 

Days to 

Adjudicate 

0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 
18

IX. FOIA PERSONNEL AND COSTS 

A. Personnel 

1. A “full-time FOIA employee” is a full-time employee who performs FOIA duties 

100% of the time. The number of such employees should be reported in Column 1 

of the chart below. 

2. An “equivalent full-time FOIA employee” is created by adding together the 

percentages of time dedicated to FOIA duties by employees performing less than 

full-time FOIA duties. Each time 100% is reached, the time expended is counted 

as one “equivalent full-time FOIA employee.” The number of such “equivalent” 

employees should be reported in Column 2 of the chart below. 

3. Employees performing less than full-time FOIA duties are either a) part-time 

employees who perform FOIA duties all, or part, of the time, or b) full-time 

employees who perform FOIA duties less than 100% of the time. 

4. The following examples illustrate how to calculate the number of “equivalent fulltime FOIA employees.” 

a. Example #1: Assume three full-time employees with part-time or 

occasional FOIA duties. If Employee #1 performs FOIA duties 50% of the 

time, and Employees #2 and #3 each perform FOIA duties 25% of the time, 

together they perform 100% (50+25+25) FOIA duties. Therefore, the FOIA 

duties of these three employees are the equivalent of 1 “full-time FOIA 

employee,” because a “full-time FOIA employee” is equal to 100%. This 

component would report “1” in Column 2 of the chart below. 

b. Example #2: Assume six full-time employees with part-time or occasional 

FOIA duties. If Employees #1, #2, #3 and #4 each perform FOIA duties 

50% of the time, Employee #5 performs FOIA duties 75% of the time, and 

Employee #6 performs FOIA duties 10% of the time, together they perform 

285% (50x4 + 75+10) FOIA duties. Because a “full-time FOIA employee” 

is equal to 100%, the FOIA duties of these six employees are the equivalent 

of 2.85 “full-time FOIA employees.” This component would report “2.85” 

in Column 2 of the chart below. 

c. Example #3: Assume Employee #1 is a part-time employee who works 

twenty hours/week and performs FOIA duties half of his time. As a parttime employee who works twenty hours/week, the most FOIA work 

Employee #1 could perform is 50%. Because Employee #1 performs FOIA 

duties only half of his already part-time schedule, he performs 25% FOIA 

duties (i.e., half of the 50% maximum). Assume Employee #2 is a part-time 

employee who works thirty-two hours/week and performs FOIA duties all

of her time. As a part-time employee who works thirty-two hours/week, the 

most FOIA work Employee #2 could perform is 80%. Because Employee 

#2 performs FOIA duties all of her time, she performs 80% FOIA duties. 

Together, the two employees perform 105% (25+80) FOIA duties. 

Therefore, their combined FOIA duties are the equivalent of 1.05 “full-time 
19

FOIA employees,” and this component would report “1.05” in Column 2 of 

the chart below. 

B. Costs 

1. Processing Costs: Add together all costs expended by the agency for processing 

FOIA requests at the initial request and administrative appeal levels. Include 

salaries of FOIA personnel, overhead, and any other FOIA-related expenses. (An 

agency’s budget will often be a useful resource for this information.) 

X. FEES COLLECTED FOR PROCESSING REQUESTS 

Total Amount of Fees 

Collected 

Percentage of Total 

Costs 

$747.00 0.12% 

 

PERSONNEL COSTS 

Number of 

“Full-Time 

FOIA 

Employees” 

Number of 

“Equivalent 

Full-Time 

FOIA 

Employees” 

Total 

Number 

of “FullTime 

FOIA 

Staff” 

(The sum 

of 

Columns 

1 & 2)

Processing 

Costs 

(At initial 

request and 

appeal 

levels)

LitigationRelated 

Costs 

Total 

Costs 

0 0.55 0.55 $63,000 0 $63,000 

AGENCY 

OVERALL 

0 0.55 0.55 $63,000 0 $63,000 
20

XI. FOIA REGULATIONS 

http://www.fmcs.gov/assets/files/FOIA/foiaguidelines.doc

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS 

A. Backlogs of FOIA Requests and Administrative Appeals 

 

B. Consultations on FOIA Requests – Received, Processed, and Pending Consultations 

 

Number of 

Consultations Received 

from Other Agencies 

that Were Pending at 

Your 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 

Your Agency During 

the Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that Were Pending at 

Your Agency as of 

End of the Fiscal Year 

0 0 0 0 

 

AGENCY 

OVERALL

0 0 0 0 

 

Number of Backlogged 

Requests as of End of 

Fiscal Year 

Number of Backlogged 

Appeals as of End of 

Fiscal Year 

0 0 

AGENCY 

OVERALL 

0 0 

Column 1 Column 2 Column 3 Column 4 
21

C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other 

Agencies and Pending at Your Agency 

10th Oldest 

Consultation 

and Number 

of Days 

Pending 

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

Oldest 

Consultation 

and Number 

of Days 

Pending 

Date 

Number of 

Days 0 

0 0 0 0 0 0 0 0 

Agency 

Overall 

10th Oldest 

Consultation 

and Number 

of Days 

Pending

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

Oldest 

Consultation 

and Number 

of Days 

Pending

Date 

Number of 

Days 0 

0 0 0 0 0 0 0 0 
22

D. Comparison of Numbers of Requests from Previous and Current Annual Report – Requests 

Received, Processed, and Backlogged 

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 

107 130 107 133 

AGENCY 

OVERALL 

107 130 107 133 

Column 1 Column 2 Column 3 Column 4 

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 

0 0 

AGENCY 

OVERALL 

0 0 

Column 1 Column 2 
23

E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual 

Report – Appeals Received, Processed, and Backlogged 

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 

0 1 0 1 

AGENCY 

OVERALL 

0 1 0 1 

Column 1 Column 2 Column 3 Column 4 

Column 1 Column 2 

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 

0 0 

AGENCY 

OVERALL 

0 0