Federal Mediation and Conciliation Service 

FY 2019 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. 

Anna M. Davis 

Chief FOIA Officer 

Federal Mediation and Conciliation Service 

250 E Street SW, 7th Floor 

Washington, D.C. 20427 

Phone: (202) 606-5444 

adavis@fmcs.gov

2. Provide an electronic link for access to the Report on the Agency website. 

An electronic link to the Report appears on the website at https://www.fmcs.gov/resources/documents-and-data/. 

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 or using foia.gov. 

Foia@fmcs.gov

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 

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 attorneyclient 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 functions 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: 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 (non-expedited) 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. 

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 

Number of

Requests 

Received 

in Fiscal Year

Number of

Requests 

Processed 

in Fiscal Year

Number of 

Requests 

Pending as of 
Start

of Fiscal Year

End

of Fiscal Year

FMCS 18 36 54 0

AGENCY OVERALL 18 36 54 0

After reviewing its database, FMCS adjusted the number of requests pending as of the start 

of the Fiscal Year.

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

Agency / 

Component

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 Exemptions

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 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

FMCS 18 4 0 17 0 13 0 0 0 1 1 0 54

AGENCY 

OVERALL 18 4 0 17 0 13 0 0 0 1 1 0 54

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 

TOTAL
Was 

Relied 

Upon

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 1 2 3 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 1 2 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 

Number of

Appeals 

Received 

in Fiscal Year

Number of

Appeals 

Processed 

in Fiscal Year

Number of 

Appeals 

Pending as of 
Start

of Fiscal Year

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 / 

Component

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

Request 

in 

Litigation

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing

Other 

*Explain 

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" 

TOTAL
Reason 

Was Relied 

Upon

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 0 0 0 0

AGENCY 

OVERALL 0 0 0 0

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 / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

FMCS 7.5 114 1 255 83 125 2 581 50.5 50.5 15 86

AGENCY 

OVERALL 7.5 114 1 255 83 125 2 581 50.5 50.5 15 86

VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED
Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

FMCS 3.5 11.5 1 53 63 41.5 2 581 15 15 15 15

AGENCY 

OVERALL 3.5 11.5 1 53 63 41.5 2 581 15 15 15 15

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 11 0 3 0 0 0 0 0 0 0 1 0 0 15

AGENCY 

OVERALL 11 0 3 0 0 0 0 0 0 0 1 0 0 15

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 9 3 1 4 2 0 3 3 0 0 5 4 3 37

AGENCY 

OVERALL 9 3 1 4 2 0 3 3 0 0 5 4 3 37

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 1 0 0 1 0 0 0 0 0 0 0 0 0 2

AGENCY 

OVERALL 1 0 0 1 0 0 0 0 0 0 0 0 0 2

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

SIMPLE COMPLEX EXPEDITED PROCESSING
Agency / 

Component 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 0 N/A N/A 0 N/A N/A 0 N/A N/A

AGENCY 

OVERALL 0 N/A N/A 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

AGENCY 

OVERALL

Date of 

Receipt 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

VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component

Number 

Granted

Number 

Denied

Median 

Number of 

Average 

Number of 

Number 

Adjudicated 

Within Ten 
Days to 

Adjudicate

Days to 

Adjudicate

Calendar 

Days

FMCS 0 2 41.5 41.5 0

AGENCY 

OVERALL 0 2 41.5 41.5 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

PERSONNEL COSTS
Agency / 

Component 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 2.00 2.00 75000.00 0.00 75000.00

AGENCY 

OVERALL 0 2.00 2.00 75000.00 0.00 75000.00

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 40 0

AGENCY 

OVERALL 40 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

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 36 57 54

AGENCY 

OVERALL 58 36 57 54
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 14 0

AGENCY 

OVERALL 14 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 2 0 2 0
AGENCY 

OVERALL 2 0 2 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