Van Bourg, Allen, Weinberg & Roger, Plaintiff/appellee/cross-Appellant v. National Labor Relations Board, Defendant/appellant/cross-Appellee

Plaintiff seeks disclosure under the Freedom of Information Act (“FOIA”) of affidavits and agency memoranda relating to terminated unfair labor practice proceedings. The NLRB resists disclosure under Exemptions 5, 7(A), 7(C) and 7(D) of the Act. Upon cross-motions for summary judgment, the district court ordered three affidavits disclosed and the remaining documents withheld.

The court did not enter findings of fact or conclusions of law, and the reasons for its decision are not apparent from the record. We are unable to determine which exemption the court applied to each document withheld and…