nlrb
sears
roebuck
argued
january
decided
april
procedure
adjudicating
unfair
labor
practice
cases
national
labor
relations
act
national
labor
relations
board
nlrb
regional
director
unfair
labor
practice
charges
filed
first
instance
nlrb
general
counsel
delegated
initial
power
decide
whether
issue
complaint
believes
charge
merit
charging
party
right
appeal
general
counsel
right
exercised
file
sent
office
appeals
general
counsel
office
appeals
committee
decides
either
sustain
overrule
regional
director
sets
forth
decision
supporting
reasons
appeals
memorandum
cleared
general
counsel
sent
regional
director
must
follow
instructions
addition
appeals
process
general
counsel
requires
regional
director
reaching
initial
decision
connection
unfair
labor
practice
charges
raising
certain
issues
submit
matter
general
counsel
advice
branch
kinds
unfair
labor
practice
cases
regional
directors
permitted
seek
advice
branch
advice
advice
branch
studying
matter
makes
recommendation
general
counsel
makes
final
determination
communicated
regional
director
way
advice
memorandum
depending
upon
conclusion
reached
memorandum
regional
director
either
file
complaint
notify
complaining
party
decision
proceed
right
appeal
respondent
general
counsel
declined
disclose
advice
appeals
memoranda
pertaining
certain
matters
issued
within
certain
number
years
filed
suit
require
disclosure
memoranda
alleging
violations
freedom
information
act
district
granted
respondent
motion
summary
judgment
holding
advice
memoranda
instructions
staff
affect
member
public
required
disclosed
appeals
memoranda
final
opinions
required
disclosed
kinds
memoranda
exempt
disclosure
memorandums
exemption
appeals
affirmed
without
opinion
held
exemption
never
apply
final
opinions
invariably
explain
agency
action
already
taken
agency
decision
already
made
also
constitute
final
dispositions
matters
agency
pp
exemption
covers
attorney
rule
clearly
applies
memoranda
prepared
attorney
contemplation
litigation
setting
forth
attorney
theory
case
litigation
strategy
pp
advice
appeals
memoranda
explain
decisions
general
counsel
file
complaint
final
opinions
made
adjudication
cases
within
meaning
hence
fall
outside
scope
exemption
must
disclosed
pp
case
decisions
file
complaint
memoranda
effects
final
disposition
administrative
decision
disclosure
memoranda
intrude
predecisional
processes
protecting
improve
quality
agency
decisions
within
purposes
executive
privilege
embodied
exemption
since
memoranda
communicated
regional
director
general
counsel
already
reached
decision
regional
director
decision
make
bound
dismiss
charge
moreover
general
counsel
decisions
file
complaints
together
advice
appeals
memoranda
explaining
precisely
kind
agency
law
public
vitally
interested
congress
sought
prevent
agency
keeping
secret
pp
advice
appeals
memoranda
explain
decisions
general
counsel
file
complaint
commence
litigation
nlrb
final
opinions
made
adjudication
cases
within
meaning
fall
within
scope
exemption
pp
filing
complaint
finally
dispose
even
general
counsel
responsibility
respect
case
since
case
litigated
decided
nlrb
general
counsel
responsible
advocating
charging
party
position
nlrb
since
memoranda
also
prepared
contemplation
upcoming
litigation
fall
squarely
within
exemption
protection
attorney
work
product
time
public
interest
disclosure
substantially
reduced
fact
basis
general
counsel
decision
file
complaint
develop
course
litigation
nlrb
law
respect
cases
ultimately
made
general
counsel
nlrb
courts
pp
documents
incorporated
reference
nonexempt
advice
appeals
memoranda
lose
exemption
might
previously
held
memoranda
exemption
agency
chooses
expressly
adopt
incorporate
reference
memorandum
previously
covered
exemption
otherwise
final
opinion
memorandum
may
withheld
ground
covered
exemption
exemption
petitioners
required
produce
create
explanatory
material
instances
appeals
memorandum
refers
circumstances
case
required
identify
fact
documents
contain
circumstances
case
opinion
may
referred
identified
party
seeking
disclosure
pp
adjudicate
petitioners
claim
advice
appeals
memoranda
exempt
disclosure
exemption
investigatory
files
compiled
law
enforcement
purposes
claim
made
district
although
made
appeals
affirmed
without
opinion
basis
prior
decision
another
case
involving
exemption
therefore
clear
whether
passed
claim
moreover
congress
passed
limiting
amendment
exemption
petitioners
filed
brief
thus
decision
exemption
issue
case
made
exemption
amended
done
courts
pp
reach
petitioners
claim
advice
appeals
memoranda
exempt
disclosure
exemption
documents
related
solely
internal
personnel
rules
practices
agency
claim
raised
petitioners
claim
documents
incorporated
reference
advice
appeals
memoranda
previously
protected
disclosure
exemption
lose
exempt
status
reason
incorporation
merit
since
document
protected
exemption
become
disclosable
solely
referred
final
opinion
accordingly
case
must
remanded
district
determination
whether
documents
protected
exemption
amended
pp
white
delivered
opinion
douglas
brennan
stewart
marshall
blackmun
rehnquist
joined
burger
concurred
judgment
powell
took
part
consideration
decision
case
deputy
solicitor
general
friedman
argued
cause
petitioners
briefs
solicitor
general
bork
allan
abbot
tuttle
peter
nash
john
irving
patrick
hardin
norton
come
gerard
smetana
argued
cause
respondent
brief
lawrence
cohen
jeffrey
goldman
alan
raywid
briefs
amici
curiae
urging
affirmance
filed
milton
smith
jerry
kronenberg
chamber
commerce
carol
cowgill
peter
schuck
marvin
karpatkin
melvin
wulf
american
civil
liberties
union
et
al
alan
morrison
freedom
information
clearinghouse
justice
white
delivered
opinion
national
labor
relations
board
board
general
counsel
seek
set
aside
order
district
directing
disclosure
respondent
sears
roebuck
sears
pursuant
freedom
information
act
act
certain
memoranda
known
advice
memoranda
appeals
memoranda
related
documents
generated
office
general
counsel
course
deciding
whether
permit
filing
board
unfair
labor
practice
complaints
act
background
principal
objectives
described
epa
mink
repeated
sufficient
note
present
purposes
act
seeks
establish
general
philosophy
full
agency
disclosure
unless
information
exempted
clearly
delineated
statutory
language
hereinafter
epa
mink
supra
act
structured
virtually
every
document
generated
agency
available
public
one
form
another
unless
falls
within
one
act
nine
exemptions
certain
documents
described
rules
procedure
must
published
federal
register
including
final
opinions
made
adjudication
cases
statements
policy
interpretations
adopted
agency
instructions
staff
affect
member
public
described
must
indexed
made
available
member
public
demand
hereinafter
finally
comprehensively
identifiable
records
must
made
available
member
public
demand
act
expressly
however
disclosure
obligation
apply
documents
described
nine
enumerated
exempt
categories
listed
sears
claims
courts
ruled
memoranda
sought
expressions
legal
policy
decisions
already
adopted
agency
constitute
final
opinions
instructions
staff
affect
member
public
categories
expressly
disclosable
act
pursuant
purposes
prevent
creation
secret
law
event
sears
claims
memoranda
nonexempt
identifiable
records
must
disclosed
general
counsel
hand
claims
memoranda
sought
final
opinions
even
identifiable
records
otherwise
disclosable
exempt
principally
communications
exemption
made
course
formulating
agency
decisions
legal
policy
matters
crucial
decision
case
understanding
function
documents
issue
context
administrative
process
generated
deal
matter
first
et
seq
national
labor
relations
act
amended
labor
management
relations
act
stat
et
process
adjudicating
unfair
labor
practice
cases
begins
filing
private
party
charge
cfr
auto
workers
scofield
nlrb
indiana
michigan
electric
although
congress
designated
board
principal
body
adjudicates
unfair
labor
practice
case
based
charge
board
may
adjudicate
upon
filing
complaint
congress
delegated
office
general
counsel
behalf
board
unreviewable
authority
determine
whether
complaint
shall
filed
vaca
sipes
cases
decides
complaint
shall
issue
general
counsel
becomes
advocate
board
support
complaint
cases
decides
issue
complaint
proceeding
board
occurs
practical
effect
administrative
scheme
party
believing
victim
unfair
labor
practice
obtain
neither
adjudication
remedy
labor
statute
without
first
persuading
office
general
counsel
claim
sufficiently
meritorious
warrant
board
consideration
order
structure
considerable
power
administrative
scheme
gives
general
counsel
adopted
certain
procedures
processing
unfair
labor
practice
charges
charges
filed
first
instance
one
board
regional
directors
general
counsel
delegated
initial
power
decide
whether
issue
complaint
cfr
member
staff
regional
office
conducts
investigation
charge
may
include
interviewing
witnesses
reviewing
documents
cfr
basis
investigation
regional
director
believes
charge
merit
settlement
attempted
complaint
issued
charge
merit
regional
director
judgment
charging
party
informed
letter
brief
explanation
reasons
cfr
case
charging
party
also
informed
right
appeal
within
days
office
general
counsel
washington
cfr
charging
party
exercises
right
entire
file
possession
regional
director
sent
office
appeals
general
counsel
office
washington
case
assigned
staff
attorney
office
appeals
prepares
memorandum
containing
analysis
factual
legal
issues
case
memorandum
called
agenda
minute
serves
basis
discussion
meeting
appeals
committee
includes
director
associate
director
office
appeals
point
period
charging
party
may
make
written
presentation
case
right
oral
presentation
discretion
general
counsel
cfr
oral
presentation
allowed
subject
unfair
labor
practice
charge
notified
allowed
similar
separate
opportunity
make
oral
presentation
event
decision
reached
appeals
committee
decision
reasons
set
forth
memorandum
called
general
counsel
minute
appeals
memorandum
document
cleared
general
counsel
case
unusually
complex
important
general
counsel
brought
process
earlier
stage
hand
decision
expression
basis
appeals
memorandum
either
event
appeals
memorandum
sent
regional
director
follows
instructions
appeal
rejected
regional
director
decision
issue
complaint
sustained
separate
document
prepared
sent
general
counsel
letter
form
charging
party
briefly
setting
forth
reasons
denial
appeal
appeals
memoranda
whether
sustaining
overruling
regional
directors
constitute
one
class
documents
issue
case
appeals
process
affords
general
counsel
office
washington
opportunity
formulate
coherent
policy
achieve
measure
uniformity
enforcing
labor
laws
appeals
process
alone
however
wholly
adequate
purpose
regional
director
initially
decides
file
complaint
appeal
available
regional
director
decides
file
complaint
charging
party
may
neglect
appeal
accordingly
fair
uniform
administration
act
general
counsel
requires
regional
directors
reaching
initial
decision
connection
charges
raising
certain
issues
specified
general
counsel
submit
matter
general
counsel
advice
branch
also
located
washington
yet
kinds
cases
regional
directors
permitted
seek
counsel
advice
branch
regional
director
seeks
advice
advice
branch
memorandum
sets
forth
facts
case
statement
issues
advice
sought
recommendation
case
assigned
staff
attorney
advice
branch
researches
legal
issues
presented
reading
prior
board
decisions
prior
advice
determinations
similar
related
cases
statement
reports
orally
writing
committee
agenda
made
various
members
general
counsel
office
committee
recommendation
arrived
communicated
general
counsel
together
recommendation
regional
director
dissenting
views
committee
special
cases
general
counsel
may
schedule
special
agendas
invite
staff
members
submit
recommendations
either
event
general
counsel
decide
issue
submitted
final
determination
communicated
regional
director
way
advice
memorandum
memorandum
briefly
summarize
facts
background
legal
policy
issue
decided
set
forth
general
counsel
answer
legal
policy
issue
submitted
together
detailed
legal
rationale
contain
instructions
final
processing
case
ibid
depending
upon
conclusion
reached
memorandum
regional
director
either
file
complaint
send
letter
complaining
party
advising
regional
director
decision
proceed
informing
right
appeal
advice
memoranda
constitute
class
documents
sears
seeks
disclosure
case
ii
case
arose
following
context
letter
dated
july
sears
requested
general
counsel
disclose
pursuant
act
advice
appeals
memoranda
issued
within
previous
five
years
subjects
propriety
withdrawals
employers
unions
bargaining
disputes
commencement
date
negotiations
conflicting
interpretations
context
board
retail
associates
nlrb
rule
letter
also
sought
index
digest
advice
appeals
memoranda
letter
urged
disclosure
theory
advice
appeals
memoranda
source
agency
law
issues
letter
dated
july
general
counsel
declined
sears
disclosure
request
full
letter
stated
advice
memoranda
simply
guides
regional
director
final
exempt
disclosure
memoranda
reflect
thought
processes
general
counsel
staff
exempt
pursuant
part
investigative
process
letter
said
appeals
memoranda
indexed
subject
matter
therefore
general
counsel
unable
comply
sears
request
explanation
decision
respect
appeals
memoranda
general
counsel
wrote
sears
august
stated
appeals
memoranda
ordered
filing
complaint
final
opinions
letter
stated
appeals
memoranda
final
opinions
appeal
denied
directed
complaint
filed
numbered
several
thousand
general
counsel
view
precedential
significance
accordingly
disclosable
disclosable
relating
identifiable
records
general
counsel
said
sears
failed
adequately
identify
material
sought
justify
expenditure
time
necessary
agency
identify
august
sears
filed
complaint
pursuant
act
seeking
declaration
general
counsel
refusal
disclose
advice
appeals
memoranda
indices
thereof
requested
sears
violated
act
injunction
enjoining
continued
violations
act
august
current
general
counsel
took
office
order
give
time
develop
disclosure
policy
filing
answer
postponed
february
answer
denied
act
required
disclosure
documents
sought
referred
letter
date
general
counsel
informed
sears
make
available
index
advice
memoranda
also
advice
appeals
memoranda
cases
closed
either
litigation
board
completed
decision
file
complaint
become
final
stated
however
disclose
memoranda
open
cases
event
delete
names
witnesses
security
sensitive
matter
memoranda
disclose
consider
general
counsel
office
bound
pursue
new
policy
instances
future
wholly
satisfied
voluntary
disclosures
offered
made
general
counsel
sears
moved
summary
judgment
general
counsel
likewise
sears
thus
continued
seek
memoranda
open
cases
moreover
sears
objected
deletions
memoranda
closed
cases
asserted
many
appeals
memoranda
unintelligible
incorporated
reference
documents
disclosed
also
referred
circumstances
case
set
sears
ignorant
general
counsel
contended
documents
exempt
disclosure
memoranda
within
coverage
documents
incorporated
reference
exempt
disclosure
investigatory
files
pursuant
parties
also
agree
function
advice
memorandum
sears
claimed
advice
memoranda
binding
regional
directors
general
counsel
claimed
noting
fact
regional
director
delegated
power
issue
complaint
district
granted
sears
motion
summary
judgment
denied
general
counsel
found
although
general
counsel
delegated
regional
directors
power
file
complaints
advice
memorandum
constituted
pro
tanto
withdrawal
delegation
power
accordingly
advice
memoranda
held
constitute
instructions
staff
affect
member
public
expressly
disclosable
pursuant
appeals
memoranda
held
final
opinions
held
memorandums
protected
since
expressions
point
view
disposition
charge
documents
incorporated
reference
memoranda
held
lost
whatever
exempt
status
previously
see
american
mail
line
gulick
app
concluded
case
proper
one
exercise
injunctive
powers
act
even
though
general
counsel
voluntarily
disclosed
material
sought
noted
jurisdiction
enjoin
withholding
documents
prospectively
addition
ordering
production
documents
already
withheld
referred
fact
general
counsel
office
longstanding
policy
nondisclosure
still
maintained
policy
lawful
current
one
partial
disclosure
changed
referred
fact
disputes
arisen
deletions
documents
disclosed
voluntarily
accordingly
ordered
general
counsel
make
available
public
appeals
advice
memoranda
issued
since
july
document
expressly
incorporated
reference
without
apparently
limiting
order
memoranda
subject
matter
requested
sears
produce
compile
necessary
indices
memoranda
produce
explanatory
material
including
existing
documents
instances
memorandum
refers
circumstances
case
cease
deleting
names
citations
matter
settlement
suggestions
memoranda
without
written
justification
decision
affirmed
without
opinion
appeals
district
columbia
circuit
basis
decision
grumman
aircraft
engineering
renegotiation
board
app
rev
post
granted
certiorari
cases
set
argument
together
consider
important
questions
construction
act
relate
documents
generated
agency
decisionmaking
processes
iii
clear
general
counsel
concedes
appeals
advice
memoranda
least
identifiable
records
must
disclosed
demand
unless
fall
within
one
act
exempt
categories
also
clear
memoranda
fall
within
one
act
exempt
categories
inquiry
end
act
apply
documents
thus
inquiry
strictly
speaking
must
scope
exemptions
general
counsel
claims
applicable
principally
exemption
relating
memorandums
general
counsel
also
concedes
however
hold
reasons
set
forth
exemption
apply
document
falls
within
meaning
phrase
final
opinion
made
adjudication
cases
general
counsel
argues
therefore
must
advice
appeals
memorandum
final
opinion
made
adjudication
case
memoranda
within
coverage
exemption
bases
argument
large
measure
claims
lack
adjudicative
authority
true
general
counsel
lacks
authority
finally
adjudicate
unfair
labor
practice
claim
favor
claimant
possess
authority
adjudicate
claim
claimant
power
decline
file
complaint
board
hold
reasons
fully
set
forth
advice
appeals
memoranda
explain
decisions
general
counsel
file
complaint
final
opinions
made
adjudication
case
fall
outside
scope
exemption
advice
appeals
memoranda
explain
decisions
general
counsel
file
complaint
commence
litigation
board
final
opinions
made
adjudication
case
fall
within
scope
exemption
parties
apparent
agreement
exemption
withholds
member
public
documents
private
party
discover
litigation
agency
epa
mink
since
virtually
document
privileged
may
discovered
appropriate
litigant
relevant
litigation
since
act
clearly
intended
give
member
public
much
right
disclosure
one
special
interest
therein
sterling
drug
ftc
app
reasonable
construe
exemption
exempt
documents
documents
normally
privileged
civil
discovery
context
privileges
claimed
petitioners
relevant
case
generally
recognized
privilege
confidential
advisory
opinions
kaiser
aluminum
chemical
cl
supp
reed
disclosure
injurious
consultative
functions
government
kaiser
aluminum
chemical
supra
epa
mink
supra
sometimes
referred
executive
privilege
ii
attorney
privileges
generally
available
litigants
manifestly
ultimate
purpose
privilege
prevent
injury
quality
agency
decisions
quality
particular
agency
decision
clearly
affected
communications
received
decisionmaker
subject
decision
prior
time
decision
made
however
difficult
see
quality
decision
affected
communications
respect
decision
occurring
decision
finally
reached
therefore
equally
difficult
see
quality
decision
affected
forced
disclosure
communications
long
prior
communications
ingredients
decisionmaking
process
disclosed
accordingly
lower
courts
uniformly
drawn
distinction
predecisional
communications
privileged
boeing
airplane
coggeshall
app
boeing
sdny
walled
lake
door
ed
zacher
cert
denied
clark
pearson
supp
dc
communications
made
decision
designed
explain
sterling
drug
ftc
app
gsa
benson
bannercraft
clothing
renegotiation
board
app
rev
grounds
tennessean
newspapers
fha
supra
see
also
distinction
supported
lesser
injury
decisionmaking
process
flowing
disclosure
postdecisional
communications
also
case
communications
explain
decision
increased
public
interest
knowing
basis
agency
policy
already
adopted
public
marginally
concerned
reasons
supporting
policy
agency
rejected
reasons
might
supplied
supply
basis
policy
actually
adopted
different
ground
contrast
public
vitally
concerned
reasons
supply
basis
agency
policy
actually
adopted
reasons
expressed
within
agency
constitute
working
law
agency
held
lower
courts
outside
protection
exemption
bannercraft
clothing
renegotiation
board
app
cuneo
schlesinger
app
cert
denied
sub
nom
rosen
vaughn
ash
grove
cement
ftc
supp
aff
part
rev
part
app
exemption
properly
construed
calls
disclosure
opinions
interpretations
embody
agency
effective
law
policy
withholding
papers
reflect
agency
group
thinking
process
working
policy
determining
law
shall
davis
information
act
preliminary
analysis
chi
rev
note
freedom
information
act
exemption
memoranda
harv
rev
conclusion
powerfully
supported
provisions
act
affirmative
portion
act
expressly
requiring
indexing
final
opinions
statements
policy
interpretations
adopted
agency
instructions
staff
affect
member
public
represents
strong
congressional
aversion
secret
agency
law
davis
supra
represents
affirmative
congressional
purpose
require
disclosure
documents
force
effect
law
reluctant
therefore
construe
exemption
apply
documents
described
respect
least
final
opinions
invariably
explain
agency
action
already
taken
agency
decision
already
made
also
constitute
final
dispositions
matters
agency
see
infra
hold
exemption
never
apply
ii
applying
principles
memoranda
sought
sears
becomes
clear
exemption
apply
appeals
advice
memoranda
conclude
complaint
filed
effect
finally
denying
relief
charging
party
exemption
protect
disclosure
appeals
advice
memoranda
direct
filing
complaint
commencement
litigation
board
advice
branch
directs
regional
director
issue
complaint
regional
director
dismissal
reversed
appeal
complaint
subsequently
issued
subject
matter
theory
interpretation
ultimately
ventilated
course
hearing
trial
examiner
board
decisions
perhaps
review
adjudication
courts
remaining
cases
however
general
counsel
either
advice
branch
office
appeals
determines
issuance
complaint
warranted
determination
constitutes
final
agency
action
precedential
import
committee
believes
precedents
constitute
precisely
kinds
final
opinions
statements
policy
interpretations
instructions
staff
affect
member
public
freedom
information
act
contemplates
indexed
made
available
public
aba
labor
relations
law
section
essentially
reasons
memoranda
final
opinions
made
adjudication
cases
must
indexed
pursuant
decision
dismiss
charge
decision
case
constitutes
adjudication
adjudication
defined
administrative
procedure
act
part
agency
process
formulation
order
order
defined
whole
part
final
disposition
whether
affirmative
negative
agency
matter
emphasis
added
dismissal
charge
noted
final
disposition
since
advice
appeals
memorandum
explains
reasons
final
disposition
plainly
qualifies
opinion
falls
within
conclusion
consistent
recent
holding
itt
electrical
workers
board
decisions
proceedings
proceedings
final
dispositions
decision
proceeding
case
finally
decide
anything
analogous
decision
general
counsel
unfair
labor
practice
complaint
filed
see
infra
page
ii
recognize
advice
appeals
memorandum
directing
filing
complaint
although
representing
decision
legal
issue
sufficiently
doubt
warrant
determination
another
body
many
characteristics
documents
described
although
final
opinion
adjudication
case
effect
final
disposition
memorandum
explain
decision
already
reached
general
counsel
real
operative
effect
permits
litigation
board
indicated
reluctance
construe
exemption
protect
documents
supra
case
decisionmaker
general
counsel
must
become
litigating
party
case
respect
made
decision
attorney
policies
congress
clearly
incorporated
exemption
thus
come
play
lead
us
hold
advice
appeals
memoranda
directing
filing
complaint
exempt
whether
district
held
instructions
staff
affect
member
public
petitioners
assert
district
erred
holding
documents
incorporated
reference
nonexempt
advice
appeals
memoranda
lose
exemption
might
previously
held
memoranda
disagree
probability
agency
employee
inhibited
freely
advising
decisionmaker
fear
advice
adopted
become
public
slight
first
adopted
reasoning
becomes
agency
becomes
responsibility
defend
second
agency
employees
generally
encouraged
rather
discouraged
public
knowledge
policy
suggestions
adopted
agency
moreover
public
interest
knowing
reasons
policy
actually
adopted
agency
supports
district
decision
thus
hold
agency
chooses
expressly
adopt
incorporate
reference
memorandum
previously
covered
exemption
otherwise
final
opinion
memorandum
may
withheld
ground
falls
within
coverage
exemption
exemption
petitioners
also
assert
district
order
erroneously
requires
produce
create
explanatory
material
instances
appeals
memorandum
refers
circumstances
case
agree
act
compel
agencies
write
opinions
cases
otherwise
required
requires
disclosure
certain
documents
law
requires
agency
prepare
agency
decided
reasons
create
sterling
drug
ftc
app
thus
insofar
order
requires
agency
create
explanatory
material
baseless
agency
required
identify
fact
documents
contain
circumstances
case
opinion
may
referred
identified
party
seeking
disclosure
iv
finally
petitioners
argue
advice
appeals
memoranda
exempt
pursuant
exemptions
documents
incorporated
therein
protected
exemption
respect
advice
appeals
memoranda
decline
reach
decision
claims
reasons
set
forth
respect
documents
incorporated
therein
remand
proceedings
exemption
provided
time
sears
request
documents
time
decisions
courts
act
apply
investigatory
files
compiled
law
enforcement
purposes
except
extent
available
law
party
agency
noting
support
legislative
history
proposition
exemption
applies
civil
enforcement
labor
laws
general
counsel
asserts
documentation
underlying
advice
appeals
memoranda
investigatory
files
believes
memoranda
similarly
exempt
light
purposes
exemption
general
counsel
also
cites
several
lower
decisions
proposition
certain
type
document
determined
fall
category
investigatory
files
courts
inquire
whether
disclosure
particular
document
question
contravene
purposes
exemption
two
factors
combine
convince
us
reach
claim
advice
appeals
memoranda
protected
exemption
first
general
counsel
make
claim
district
although
make
appeals
affirmed
without
opinion
basis
prior
decision
another
case
involving
exemption
clear
whether
appeals
passed
claim
thus
unenlightened
question
whether
advice
appeals
memoranda
factual
matter
contain
information
disclosure
offend
purposes
exemption
without
lower
opinion
legal
issue
circumstances
normally
decline
consider
legal
claim
ramsey
mine
workers
adickes
kress
adhere
policy
case
second
congress
amended
exemption
since
petitioners
filed
brief
case
applies
investigatory
records
compiled
law
enforcement
purposes
extent
production
records
interfere
enforcement
proceedings
deprive
person
right
fair
trial
impartial
adjudication
constitute
unwarranted
invasion
personal
privacy
disclose
identity
confidential
source
case
record
compiled
criminal
law
enforcement
authority
course
criminal
investigation
agency
conducting
lawful
national
security
intelligence
investigation
confidential
information
furnished
confidential
source
disclose
investigative
techniques
procedures
endanger
life
physical
safety
law
enforcement
personnel
pub
stat
decision
exemption
issue
case
act
amended
fusari
steinberg
apart
general
counsel
failure
raise
issue
lower
courts
opportunity
pass
applicability
act
amended
advice
appeals
memoranda
since
amendment
occurred
decision
appeals
general
counsel
claim
advice
appeals
memoranda
documents
related
solely
internal
personnel
rules
practices
agency
therefore
protected
exemption
raised
neither
district
appeals
decline
reach
reasons
set
forth
finally
general
counsel
claims
documents
incorporated
reference
advice
appeals
memoranda
previously
protected
exemption
lose
exempt
status
reason
incorporation
contrary
district
think
argument
sound
reasons
underlying
congress
decision
protect
investigatory
files
original
act
amendments
applicable
document
referred
advice
appeals
memorandum
document
therefore
document
protected
exemption
become
disclosable
solely
referred
final
opinion
aware
result
holding
final
opinions
easily
understood
otherwise
however
noted
act
give
public
right
intelligible
opinions
cases
simply
gives
public
right
final
opinions
agency
chooses
write
act
applies
congress
said
act
apply
certain
investigatory
files
case
must
accordingly
remanded
district
determination
whether
documents
incorporated
reference
disclosable
advice
appeals
memoranda
protected
exemption
amended
summary
respect
advice
appeals
memoranda
conclude
complaint
filed
affirm
judgment
appeals
subject
decision
remand
whether
government
foreclosed
pursuing
exemption
claim
respect
documents
specifically
incorporated
therein
remand
determination
whether
documents
protected
exemption
amended
insofar
judgment
appeals
requires
general
counsel
supply
documents
expressly
incorporated
reference
advice
appeals
memoranda
otherwise
explain
circumstances
case
reversed
respect
advice
appeals
memoranda
conclude
complaint
filed
judgment
appeals
likewise
reversed
ordered
justice
powell
took
part
consideration
decision
case
footnotes
title
time
question
provided
pertinent
part
except
respect
records
made
available
paragraphs
subsection
agency
request
identifiable
records
made
accordance
published
rules
stating
time
place
fees
extent
authorized
statute
procedure
followed
shall
make
records
promptly
available
person
relevant
exempt
categories
described
exemptions
respect
statute
provides
section
apply
matters
related
solely
internal
personnel
rules
practices
agency
memorandums
letters
available
law
party
agency
litigation
agency
investigatory
files
compiled
law
enforcement
purposes
except
extent
available
law
party
agency
officers
employees
regional
offices
general
supervision
general
counsel
national
labor
relations
board
organization
functions
et
fed
reg
document
sought
sears
april
general
counsel
ceased
preparing
separate
appeals
memorandum
every
case
ceased
preparing
one
case
regional
director
decision
issue
complaint
sustained
latter
class
cases
general
counsel
adopted
policy
expanding
letter
sent
charging
party
sending
regional
director
copy
letter
statement
submitted
nlrb
general
counsel
house
labor
subcommittee
june
hereinafter
statement
cch
lab
index
advice
appeals
memoranda
maintained
general
counsel
sears
later
added
request
memoranda
dealing
contract
successorship
doctrine
burns
international
detective
agency
nlrb
pending
well
cases
dealing
lockouts
occurring
bargaining
situations
sears
process
preparing
appeal
general
counsel
washington
refusal
regional
director
file
complaint
board
response
unfair
labor
practice
charge
earlier
filed
sears
regional
director
seattle
wash
refusal
based
upon
advice
memorandum
involved
judgment
timeliness
withdrawal
sears
bargaining
unit
letter
sent
regional
director
sears
explain
refusal
stated
sears
withdrawal
untimely
sears
appeal
without
benefit
documents
sought
ultimately
successful
complaint
filed
board
hearings
scheduled
commence
complaint
november
proceedings
board
delayed
time
stay
issued
district
later
reversed
appeals
sears
roebuck
nlrb
app
cert
denied
complaint
eventually
withdrawn
upon
withdrawal
underlying
charge
sears
rights
act
neither
increased
decreased
reason
fact
claims
interest
advice
appeals
memoranda
greater
shared
average
member
public
act
fundamentally
designed
inform
public
agency
action
benefit
private
litigants
epa
mink
renegotiation
board
bannercraft
clothing
accordingly
refer
sears
underlying
unfair
labor
practice
charge
reference
apparently
provisions
specifically
providing
disclosure
indexing
final
opinions
effective
date
act
parties
make
issue
breadth
order
assume
intended
apply
appeals
advice
memoranda
dealing
subject
matter
described
sears
complaint
see
general
counsel
abandoned
contrary
contention
predecessor
made
connection
appeals
memoranda
august
letter
sears
ability
private
litigant
override
privilege
claim
set
government
respect
otherwise
disclosable
document
may
turn
extent
litigant
need
context
facts
particular
case
nature
case
epa
mink
hickman
taylor
jencks
nixon
however
sensible
construe
act
require
disclosure
document
disclosed
hypothetical
litigation
private
party
claim
compelling
indeed
house
report
says
exemption
intended
permit
disclosure
memoranda
routinely
disclosed
private
litigation
accept
law
sterling
drug
ftc
app
remarks
nixon
made
context
claim
executive
privilege
resting
solely
constitution
claim
made
mean
intimate
documents
involved
protected
whatever
constitutional
content
doctrine
executive
privilege
might
emphasis
need
protect
documents
mean
existence
privilege
turns
ability
agency
identify
specific
decision
connection
memorandum
prepared
agencies
properly
engaged
continuing
process
examining
policies
process
generate
memoranda
containing
recommendations
ripen
agency
decisions
lower
courts
wary
interfering
process
aware
line
predecisional
documents
postdecisional
documents
may
always
bright
one
indeed
even
prototype
postdecisional
document
final
opinion
serves
dual
function
explaining
decision
made
providing
guides
decisions
similar
analogous
cases
arising
future
latter
function
opinion
predecisional
manner
written
may
therefore
affect
decisions
later
cases
present
purposes
sufficient
note
final
opinions
primarily
postdecisional
looking
back
explaining
decision
already
reached
policy
already
adopted
disclosure
poses
negligible
risk
denying
agency
decisionmakers
uninhibited
advice
important
agency
decisions
report
prepared
connection
senate
bill
identical
one
led
act
eventually
passed
congress
see
note
harv
rev
technically
course
document
example
final
opinion
memorandum
within
exemption
nondisclosable
since
act
apply
documents
falling
within
exemptions
general
counsel
argues
makes
law
analogizing
authority
decide
whether
file
complaint
public
prosecutor
authority
decide
whether
criminal
case
brought
claims
adjudicate
anything
resembling
civil
dispute
without
deciding
whether
public
prosecutor
makes
law
decides
prosecute
whether
memoranda
explaining
decisions
final
opinions
see
infra
sufficient
note
general
counsel
analogy
far
perfect
general
counsel
unlike
prosecutors
may
authorize
filing
complaint
board
private
citizen
files
charge
cfr
auto
workers
scofield
nlrb
indiana
michigan
electric
unlike
victim
crime
charging
party
complaint
filed
general
counsel
become
party
unfair
labor
practice
proceeding
board
cfr
auto
workers
scofield
supra
unfair
labor
practice
found
exist
ensuing
order
unlike
punishment
defendant
criminal
case
coerce
conduct
wrongdoer
flowing
particularly
benefit
charging
party
reasons
declined
characterize
enforcement
laws
unfair
labor
practices
either
wholly
public
wholly
private
matter
general
counsel
letter
sears
august
referred
appeals
memoranda
appeal
denied
final
opinions
davis
braswell
motor
freight
lines
relied
heavily
general
counsel
contrary
case
advice
memoranda
held
privileged
civil
discovery
context
however
reading
case
discloses
advice
memoranda
involved
issued
cases
later
came
board
may
therefore
inferred
memoranda
direct
dismissal
charge
directed
filing
complaint
note
possibility
decision
reached
advice
memorandum
may
overturned
appeals
memorandum
happened
case
involving
sears
discussed
supra
affect
finality
purposes
decision
reached
advice
memorandum
absence
appeal
filed
charging
party
real
operative
effect
much
every
order
issued
appeals
indeed
since
general
counsel
ultimately
responsible
advice
appeals
memoranda
appeal
case
advice
memorandum
prepared
like
petition
rehearing
like
normal
appeal
probability
result
change
slim
advice
memorandum
therefore
unlike
advisory
opinion
involved
itt
electrical
workers
regional
board
reports
operative
effect
reviewed
statutory
board
companion
case
renegotiation
board
grumman
aircraft
post
unnecessary
therefore
decide
whether
petitioners
correct
asserting
properly
construed
instructions
staff
event
include
documents
prepared
furtherance
prosecution
specific
case
noted
documents
incorporated
reference
main
factual
documents
probably
entitled
exemption
treatment
first
place
epa
mink
purposes
appear
prevent
premature
disclosure
results
investigation
government
present
strongest
case
keep
confidential
procedures
agency
conducted
investigation
obtained
information
frankel
sec
cert
denied
first
purpose
plainly
inapplicable
cases
general
counsel
declined
commence
case
general
counsel
never
tells
us
whether
procedures
information
sources
revealed
advice
appeals
memoranda
weisberg
department
justice
app
en
banc
cert
denied
accord
center
national
policy
review
weinberger
app
rural
housing
alliance
department
agriculture
app
ditlow
brinegar
app
cert
denied
aspin
department
defense
app
since
general
counsel
failed
district
assert
claim
version
exemption
anything
favorable
position
current
version
appeals
remand
determine
whether
petitioners
foreclosed
pursuing
issue
note
addition
however
equity
may
always
amend
decree
proper
showing
district
may
wish
general
counsel
demonstrates
injury
functions
type
sought
prevented
exemption
resulting
disclosure
particular
advice
appeals
memorandum