National Labor Relations Board v. Sears, Roebuck & Company

PETITIONER: National Labor Relations Board
RESPONDENT: Sears, Roebuck & Company
LOCATION: 169th Judicial District Court of Texas

DOCKET NO.: 73-1233
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit

CITATION: 421 US 132 (1975)
ARGUED: Jan 14, 1975
DECIDED: Apr 28, 1975

ADVOCATES:
Daniel M. Friedman - for petitioners
Gerard C. Smetana - for respondent
Gerald C. Smetana -

Facts of the case

Question

Media for National Labor Relations Board v. Sears, Roebuck & Company

Audio Transcription for Oral Argument - January 14, 1975 in National Labor Relations Board v. Sears, Roebuck & Company

Audio Transcription for Opinion Announcement - April 28, 1975 in National Labor Relations Board v. Sears, Roebuck & Company

Warren E. Burger:

The judgment and opinion of the Court in 73-1316, Renegotiation Board against Grumman and 73-1233, Labor Board against Sears will be announced by Mr. Justice White.

Byron R. White:

The issue in the Sears case, 73-1233 is whether the Freedom of Information Act requires a disclosure upon request of certain documents known as Advice and Appeals Memoranda generated by the office of General Counsels of the National Labor Relations Board in the course of deciding whether or not to permit the filing with the Board of an unfair labor practice complaint.

The Court of Appeals for the District of Columbia Circuit held that the disclosure was required.

We affirm insofar as the documents conclude that a complaint should not be filed but reversed where the conclusion is that the complaint should issue.

Our reasons for these conclusions are given in an opinion on file with the clerk.

The Chief Justice concurs in the result.

Mr. Justice Powell took no part in the consideration or decision of the case.