Van Bourg, Allen, Weinberg & Roger, for and on Behalf of Carpet, Linoleum, and Soft Tile Workers Union, Local 1288 v. National Labor Relations Board

This case is before us on an appeal taken by the National Labor Relations Board (Board) from a district court order requiring the Board to disclose, to appellee Van Bourg, Allen, Weinberg & Roger (Van Bourg), the names and addresses of employees who had been eligible to vote in a representation election. Although this case arises in a labor law context, the issue presented involves application of Exemptions 4 and 6 of the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (b)(4), (6) (1982).

FACTS

Acting on behalf of Local 1288 of the Carpet, Linoleum, and Soft Tile Workers Union, Van Bourg filed an FOIA request with the Board. Van Bourg sought documents relating to a representation election conducted by the Board. Neither Van Bourg nor Local 1288 was a party to the election, but Local 1288 is interested in filing a decertification petition and in eventually organizing the employees. A declaration filed by counsel for Van Bourg states that Local 1288 is concerned about the circumstances of the election because the employer consented to the election. Thus, Local 1288 suggests that the election may not have been conducted properly and that the collective bargaining agreement was…