O NLRB

Anonymous filed this request with the National Labor Relations Board of the United States of America.
Tracking #

2024-NLFO-00317

Est. Completion None
Status
Fix Required

Communications

From: Anonymous

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Case Number: 18-CA-317170
Date Filed: 05/01/2023
Status: Closed
Location: St. Paul, MN
Region Assigned: Region 18, Minneapolis, Minnesota

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Anonymous

From: National Labor Relations Board

Thank you for submitting your FOIA request through FOIA.GOV to National Labor Relations Board!
You can track the status of your request, communicate with the agency regarding this request, or search previously released documents in our reading room using the SecureRelease portal. If you do not already have a SecureRelease portal account you can sign-up (https://www.securerelease.us/account-page/sign-in/) here, just make sure to use requests@muckrock.com when you sign up to gain access to your request details. (https://www.securerelease.us/account-page/sign-in/)

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Take care,


SecureRelease™ Support (Contractor)
securereleasepublicsupport@deloitte.com Do NOT respond to this email. The SecureRelease™ Support desk is not operated by a FOIA Office or Agency personnel, and does not process requests--please do not send request details, supporting documentation, or other sensitive information to this inbox. Additionally, please note that SecureRelease™ Support is unable to provide updates concerning the processing, status, or timeline of requests, nor can we offer guidance with regard to agency procedures. For these inquiries, please contact the Agency or refer to their website.

From: National Labor Relations Board

"This email is in response to your request, under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, received in this Office on November 19, 2023, in which you seek unspecified documents in a case. You did not assume financial responsibility for processing your request.

Under NLRB Rules and Regulations, 29 C.F.R. § 102.117(c)(1), a FOIA request “must be in writing and must reasonably describe the records in a manner to permit its identification and location.” See also 5 U.S.C. 552 (a)(3)(A). Your request fails to reasonably describe the records sought and, therefore, has been interpreted to seek all records in the requested case file.

The FOIA, 5 U.S.C. § 552(a)(4)(A)(i), provides that each agency shall promulgate regulations specifying the schedule of fees applicable to the processing of FOIA requests. Under NLRB FOIA regulations, each request for records shall contain a specific statement assuming financial responsibility in full or to a specified maximum amount, for time which may be incurred in responding to the request. Further, a request for records will not be deemed received until a written assumption of fees is received. NLRB Rules and Regulations, Section 102.117(d)(2)(vi). Your request failed to provide a reasonable basis for showing that you should be placed in a particular fee category; therefore, fees will be imposed as provided for int he commercial use requester category. Section 102.117(d)(2)(ii)(E).

Please be advised that in order for us to process your request, you will need to inform us in writing that you are willing to assume full financial responsibility, or to a specified maximum amount, for any fees associated with your request. We estimate it will take approximately one and one-half of an hour to process your request, for an estimated cost of $55.50.

Unless you assume the fees associated with the processing of your request by close of business on Thursday, November 30, 2023, your request will be closed."

From: National Labor Relations Board

12/05/2023
Anonymous Anonymous
N/A

re: FOIA Request number 2024-NLFO-00317

Dear Anonymous Anonymous:

This is in response to your FOIA Request (copy attached) dated 11/19/2023, received by the National Labor Relations Board (NLRB) FOIA Branch on 11/19/2023, and docketed as 2024-NLFO-00317.

We have reviewed your request and determined that it is improper as it fails to assume sufficient fees to cover the processing of your request.

This administrative closure is not an adverse determination. If in the future you wish to obtain NLRB records, you must submit a new FOIA request that reasonably describes the records sought and includes an assumption of financial responsibility. Please visit our website at https://www.nlrb.gov/guidance/freedom-of-information-act-foia/foia-reference-guide for more information about the FOIA and the NLRB FOIA regulations.

If you have any questions, feel free to contact me, Theresa Westover at (202) 273-2847 or by e-mail at theresa.westover@nlrb.gov.
Sincerely,
Theresa Westover
Supervisory Attorney

FOIA Branch
National Labor Relations Board

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