RULES AND REGULATIONS - National Labor Relations Board

102.117 R & RAgency shall give the submitter written notice, which shall include: A statement of thereason(s) why each of the submitter's disclosure objections was not sustained; adescription of the business information to be disclosed; and a specified disclosure date,which shall be a reasonable time subsequent to the notice.(F) The notice requirements of paragraphs (c)(2)(iv)(B) and (E) of this section shallnot apply if: The Agency determines that the information should not be disclosed; theinformation lawfully has been published or has been officially made available to thepublic; disclosure of the information is required by statute (other than the FOIA) or by aregulation issued in accordance with the requirements of Executive Order 12600 (3CFR, 1988 Comp., p. 235); or the designation made by the submitter under paragraph(c)(2)(iv)(B) of this section appears obviously frivolous-except that, in such a case, theAgency shall, within a reasonable time prior to a specified disclosure date, give thesubmitter written notice of any final decision to disclose the information.(G) Whenever a requester files a lawsuit seeking to compel the disclosure ofbusiness information, the Agency shall promptly notify the submitter.(H) Whenever the Agency provides a submitter with notice and an opportunity toobject to disclosure under paragraph (c)(2)(iv)(B) of this section, the Agency shall alsonotify the requester(s). Whenever the Agency notifies a submitter of its intent todisclose requested information under paragraph (c)(2)(iv)(E) of this section, the Agencyshall also notify the requester(s). Whenever a submitter files a lawsuit seeking toprevent the disclosure of business information, the Agency shall notify the requester(s).(v) An appeal from an adverse determination made pursuant to paragraph (c)(2)(iii)of this section must be filed within 20 working days of the receipt by the person makingthe request of the notification of the adverse determination where the request is deniedin its entirety; or, in the case of a partial denial, within 20 working days of the receipt ofany records being made available pursuant to the request. If the adverse determinationwas made in a Regional Office, a Subregional Office, or by the Freedom of InformationOfficer, Office of the General Counsel, the appeal shall be filed with the GeneralCounsel in Washington, DC. If the adverse determination was made by the ExecutiveSecretary of the Board or the Inspector General, the appeal shall be filed with theChairman of the Board in Washington, DC. Within 20 working days after receipt of anappeal the General Counsel or the Chairman of the Board, as the case may be, shallmake a determination with respect to such appeal and shall notify the person makingthe request in writing. If the determination is to comply with the request, the recordshall be made promptly available to the person making the request upon receipt ofpayment of any charges due in accordance with the provisions of paragraph (d)(2) ofthis section. If on appeal the denial of the request for records is upheld in whole or inpart, the person making the request shall be notified of the reasons for thedetermination, the name and title or position of each person responsible for the denial,and the provisions for judicial review of that determination under the provisions of 5U.S.C. 552(4)(B). Even though no appeal is filed from a denial in whole or in part of arequest for records by the person making the request, the General Counsel or theChairman of the Board may, without regard to the time limit for filing of an appeal, suasponte initiate consideration of an adverse determination under this appeal procedure bywritten notification to the person making the request. In such event the time limit formaking the determination shall commence with the issuance of such notification. An72