NATIONAL LABOR RELATIONS BOARD V. SEARS, ROEBUCK & CO.
421 U.S. 132 (1975)
NATURE OF THE CASE: This was an FOIA dispute.
FACTS: Sears requested that the General Counsel disclose to it pursuant to the Act all
Advice and Appeals Memoranda issued within the previous five years on the subjects of the
proprietary of withdrawals by employers of unions from multi-employer bargaining, disputes
as to commencement date of negotiations, or conflicting interpretations in any other context
of the Board's Retail Associates rule. Sears reasoned that the Advice and Appeals Memoranda
were the only source of agency law on some of the issues. Sears' requested was declined as
they were exempt from disclosure under section 552(b)(5) as an intra-agency memoranda and
that these memos are simply guides for a Regional Director and are not final. Sears (P) sued
seeking a declaration that the refusal to disclose violated the Act. P was granted its
motion for summary judgment. The Court of Appeals affirmed. The Supreme Court granted
certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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