National Labor Relations Board v. Sears, Roebuck & Co. case brief

National Labor Relations Board v. Sears, Roebuck & Co. case brief summary
421 U.S. 132 (1975)

CASE SYNOPSIS

Certiorari was granted to the United States Court of Appeals for the District of Columbia Circuit, which directed petitioners, the National Labor Relations Board and its general counsel, to disclose to respondent retailer, pursuant to the Freedom of Information Act, 5 U.S.C.S. § 552, certain memoranda and related documents generated in the course of deciding whether or not to permit the filing of unfair labor practice complaints.

CASE FACTS
Petitioners National Labor Relations Board (NLRB) and its general counsel sought to set aside an order directing disclosure to respondent retailer of certain memoranda and related documents generated in the course of deciding whether or not to permit the filing of unfair labor practice complaints.

DISCUSSION

• The court held that memoranda that explained decisions not to file a complaint were "final opinions" made in the adjudication of a case and fell outside the scope of Exemption 5 of the Freedom of Information Act, 5 U.S.C.S. § 552. 
• Those memoranda which explained decisions to file a complaint and commence litigation before the NLRB were not "final opinions" made in the adjudication of a case, and did fall within the scope of Exemption 5. 
• The court held that, if an agency chose to adopt or incorporate by reference an intra-agency memorandum previously covered by Exemption 5 in what would otherwise be a final opinion, that memorandum could be withheld only on the ground that it fell within the coverage of some exemption other than Exemption 5.
• The Freedom of Information Act did not compel agencies to write opinions in cases where they would not otherwise be required to do so.

OUTCOME

The Court affirmed that part of the disclosure order regarding memoranda which concluded that an unfair labor practice complaint should not be filed, subject to decision on remand whether petitioner was foreclosed from pursuing a different claim. The Court reversed that part of the order requiring petitioners to supply documents not expressly incorporated by reference in memoranda, or memoranda which concluded that a complaint should be filed.

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