Clement Brothers Company v. NLRB

• Decision Date: 08 February 1968
• Docket Number: Civ. A. No. 11174.
• Citation: 282 F. Supp. 540
• Parties: CLEMENT BROTHERS COMPANY, Inc., Plaintiff, v. NATIONAL LABOR RELATIONS BOARD, an Agency of the United States of America, Defendant.
• Court: U.S. District Court — Northern District of Georgia

282 F. Supp. 540

CLEMENT BROTHERS COMPANY, Inc., Plaintiff, v. NATIONAL LABOR RELATIONS BOARD, an Agency of the United States of America, Defendant.

Civ. A. No. 11174.

United States District Court N. D. Georgia, Atlanta Division.

February 8, 1968.

Smith, Currie & Hancock, Atlanta, Ga., for plaintiff.

Marcel Mallett-Prevost, National Labor Relations Board, Washington, D. C., for defendant.

LEWIS R. MORGAN, Chief Judge.

The plaintiff in the above-styled action brought suit against the National Labor Relations Board under the Public Information Section of the Administrative Procedure Act in an effort to compel the N.L.R.B. to permit the inspection and copying of documents obtained by the Board in its investigation of alleged unfair labor practices arising out of a representation election.

Presently before the Court are motions for summary judgment filed by both the plaintiff and the defendant, and alternative motions for a judgment on the pleadings filed by the plaintiff and a motion to dismiss filed by the defendant.

In connection with its attempt to obtain the statements of its employees given to the Board, the plaintiff seeks to enjoin the Board from continuing with all action regarding representation proceedings presently being conducted by it. The defendant's motions cover both of the counts brought by the plaintiff.

The Court will first direct its attention to the motions concerning Count I of the plaintiff's complaint. The pertinent portion of the Freedom of Information Act upon which the plaintiff relies provides as follows:

"* * * (E)ach agency, on request for identifiable records made in accordance with published rules * * * shall make the records promptly available to any person. (5 U.S.C. 552(a) (3))."

The above cited general directory is limited in application by several specific exemptions, one of which states:

"This section does not apply to matters that are * * * investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency." 5 U.S.C. § 552(b) (7).

Naturally, the plaintiff urges that this exemption is not applicable in the instant action; however, the Court cannot agree. The plaintiff's position is that the exemption refers only to law enforcement of a criminal nature. The only Court to consider the question concluded that similar statements obtained by the Board were exempted by Section 552(b) (7), Barceloneta Shoe Corp. v. Compton, 271 F.Supp. 591 (D.C.1967).

The Court must agree that the determination of the Court in Barceloneta is sound, though not controlling on this Court. In addition to the common sense necessity of protecting the investigatory function and procedures of the Board, the legislative history of the Act itself makes it clear that the exemption in question is not limited solely to criminal law enforcement but rather applies to law enforcement activities of all natures.

Though the Court does not feel that it is necessary to reiterate an exhaustive documentation of the Act's legislative history, the following statement is exemplary of numerous others which make it clear that the plaintiff's interpretation must be rejected:

"This exemption covers investigatory files related to enforcement of all kinds of laws, labor and securities laws as well as criminal laws. This would include files prepared in connection with related Government litigation and adjudicative proceedings. H.R. Report #1497, 89th

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