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Administrative Law Keyed to Mawshaw
National Labor Relations Board v. Sears, Roebuck & Co.
Citation:
421 U.S. 132 (1975)Facts
The NLRB’s General Counsel has unreviewable authority to determine whether to file unfair labor practice complaints. When charges are filed with Regional Directors, they may either decide independently or seek advice from the General Counsel’s Advice Branch. If a Regional Director decides not to issue a complaint, the charging party may appeal to the General Counsel’s Office of Appeals. Both processes generate memoranda: Advice Memoranda from the Advice Branch to Regional Directors, and Appeals Memoranda explaining appeal decisions. Sears requested disclosure of these memoranda related to specific labor law issues, including multi-employer bargaining withdrawals. The General Counsel refused, claiming they were exempt from disclosure under FOIA as internal agency documents.
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