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Schiller v. NLRB

Facts

Four years ago, Appellant Arthur M. Schiller submitted a FOIA request to the NLRB asking for all memoranda and instructions pertaining to the implementation of the Equal Access to Justice Act, 5 U.S.C. 504. In response to the FOIA request, the NLRB told Mr. Schiller that it had identified nine relevant documents. The Board disclosed four of the documents, plus the attachments to two additional ones. The Board withheld the remaining five documents, as well as attachments to two of those. After exhausting administrative remedies, Mr. Schiller sued in district court.

Four years ago, Appellant Arthur M. Schiller submitted a FOIA request to the NLRB asking for all memoranda and instructions pertaining to the implementation of the Equal Access to Justice Act, 5 U.S.C. 504. In response to the FOIA request, the NLRB told Mr. Schiller that it had identified nine relevant documents. The Board disclosed four of the documents, plus the attachments to two additional ones. The Board withheld the remaining five documents, as well as attachments to two of those. After exhausting administrative remedies, Mr. Schiller sued in district court.

Issue

Whether the National Labor Relations Board properly withheld documents under FOIA exemptions and whether the district court erred in not requiring a segregability finding.

Whether the National Labor Relations Board properly withheld documents under FOIA exemptions and whether the district court erred in not requiring a segregability finding.

Rule

The Freedom of Information Act permits federal agencies to deny disclosure of material that falls within any of the listed exemptions, and it requires agencies to disclose 'any reasonably segregable portion' of a withheld document.

The Freedom of Information Act permits federal agencies to deny disclosure of material that falls within any of the listed exemptions. See 5 U.S.C. 552(a)-(b). FOIA also requires agencies to disclose 'any reasonably segregable portion' of a withheld document. 5 U.S.C. 552(b).

Analysis

The court found that the NLRB met its burden of showing that each of the five documents contained information privileged under FOIA exemptions 2 and 5. The Vaughn index and affidavit provided sufficient detail to justify the conclusion that the documents were predominantly internal and contained litigation strategy, which warranted withholding. However, the court noted that the district court failed to address the requirement to disclose reasonably segregable portions of the documents.

The court found that the NLRB met its burden of showing that each of the five documents contained information privileged under FOIA exemptions 2 and 5. The Vaughn index and affidavit provided sufficient detail to justify the conclusion that the documents were predominantly internal and contained litigation strategy, which warranted withholding. However, the court noted that the district court failed to address the requirement to disclose reasonably segregable portions of the documents.

Conclusion

The court affirmed the district court's decision regarding the privilege of the withheld documents but remanded the case for a segregability determination.

The court affirmed the district court's decision regarding the privilege of the withheld documents but remanded the case for a segregability determination.

Who won?

National Labor Relations Board; the court upheld the Board's decision to withhold documents based on FOIA exemptions.

National Labor Relations Board; the court upheld the Board's decision to withhold documents based on FOIA exemptions.

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