Capital Cities Communications, Inc. v. National Labor Relations Board

OPINION AND ORDER

Plaintiff, Capital Cities Communications, Inc. (Capital Cities), brings this action under the Freedom of Information Act (FOIA), 5 U.S.C.A. § 552 (1967), as amended, (Supp.1976), seeking disclosure by the defendant, National Labor Relations Board (NLRB), of certain statements and affidavits obtained in the course of an NLRB investigation of an unfair labor practice charge.

Capital Cities has been charged in an unfair labor practice proceeding presently pending before the NLRB with discharging an employee because of her union activity, in an attempt to defeat the union in an upcoming representation election. The complaint issued in the proceedings alleged that Capital Cities’ conduct violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (a)(3), and requested that the NLRB enter a bargaining order in favor of the union.

In the course of its investigation of the unfair labor practice charge, NLRB investigators obtained a handwritten memorandum allegedly prepared by an attorney for Capital Cities entitled “Virginia Wilson Problem”. NLRB investigators also obtained witness statements and affidavits relating to the…