(a) The purpose of this part is to set forth the regulations of the NMB regarding the
availability and disclosure of information in its possession and to implement the
Freedom of Information Act (FOIA). These regulations establish procedures for requesting access to records maintained
by the NMB and should be read together with the FOIA, the 1987 Office of Management
and Budget Guidelines for FOIA Fees, Executive Order 12,600, and the NMB's other rules
(b) Public policy and the successful effectuation of the NMB's mission require that Board
members and the employees of the NMB maintain a reputation for impartiality and integrity. Labor and management and other interested parties participating in mediation efforts
must have assurance, as must labor organizations, carriers, and individuals involved
in questions of representation, that confidential information disclosed to Board members
and employees of the NMB will not be divulged, voluntarily or by compulsion.
(c) Notwithstanding this general policy, the Board will under all circumstances endeavor
to make public as much information as can be allowed. The Board will withhold information under the FOIA only if it reasonably foresees
that disclosure would harm an interest protected by one of the exemptions described
in the FOIA or when disclosure is prohibited by law. When full disclosure is not possible, the NMB will consider whether partial disclosure
of information is possible and will take necessary steps to segregate and release
(d) The NMB will preserve all correspondence pertaining to requests it receives under
the FOIA, as well as copies of all requested records, until disposition or destruction
is authorized pursuant to Title 44 of the United States Code or the General Records
Schedule 14 of the National Archives and Records Administration. The NMB will not dispose of or destroy records while they are the subject of a pending
request, appeal, or lawsuit under the FOIA.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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