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LOCAL 30

February 11, 1976

LOCAL 30, UNITED SLATE, TILE AND COMPOSITION ROOFERS, DAMP AND WATERPROOF WORKERS ASSOCIATION, AFL-CIO
v.
NATIONAL LABOR RELATIONS BOARD and PETER W. HIRSCH, Regional Director National Labor Relations Board, Fourth Region



The opinion of the court was delivered by: LUONGO

 LUONGO, J.

 This is a suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq., in which plaintiff Union seeks disclosure by defendants of affidavits which formed the basis for unfair labor charges brought by defendants against Union. The charges were scheduled to be tried before the NLRB on February 4, 1976. The instant suit was instituted on January 26, 1976. Union sought a preliminary injunction requiring defendants to turn over the affidavits prior to the scheduled NLRB hearing, and further, sought to enjoin that hearing until a reasonable time after such disclosure. The motion for preliminary injunction was scheduled to be heard before me on January 31, 1976. Prior to that date Union applied to the NLRB for postponement of the Board hearing. The request was granted and the hearing was postponed from February 4, 1976 to March 8, 1976. At the request of the parties, hearing on the preliminary injunction motion was postponed from January 31 to February 6, 1976, to enable the parties to consider whether to submit the motion as on final hearing. On February 6, 1976, the parties submitted a Stipulation of Facts, together with a group of joint exhibits and requested that the matter be disposed of as promptly as possible, each side moving for summary judgment. At my suggestion the parties amended their request, and asked to have the matter heard as a trial on the merits. The parties asked for an early decision in order that appeal could be filed before the date of the postponed hearing before the Board.

 The facts, as stipulated by the parties, are:

 1. Jurisdiction of this Court is properly invoked by virtue of the provisions contained in the Freedom of Information Act, 5 U.S.C. § 552(a)(4).

 2. Plaintiff herein is Local 30, United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, AFL-CIO, an unincorporated labor organization within the meaning of the Labor Management Relations Act of 1947, as amended, 29 U.S.C.§ 185 et seq., with its principal offices located at 6447 Torresdale Avenue, Philadelphia, Pennsylvania 19135.

 3. The defendant is the National Labor Relations Board, an agency of the United States Government, designated by Congress, inter alia, to administer and enforce the provisions contained in the Labor Management Relations Act of 1947, as amended, 29 U.S.C. §§ 158, 159, etc. The Board has its principal offices at 1717 Pennsylvania Avenue, N.W., Washington, D.C. 20570, but maintains a Regional Office located at 4400 William J. Green, Jr. Federal Building, 600 Arch Street, Philadelphia, Pennsylvania 19106.

 4. The defendant is Peter W. Hirsch, who is the Regional Director of Region IV of the National Labor Relations Board, with its principal offices located in the William J. Green, Jr. Federal Building, 600 Arch Street, Philadelphia, Pennsylvania 19106. Mr. Hirsch is the chief administrative officer of the Board's Fourth Region and, inter alia, functions as the local agent of the General Counsel for the National Labor Relations Board.

 5. On or about May 16, 1973, an unfair labor practice charge was filed with Region IV of the National Labor Relations Board, and docketed as Case No. 4-CB-2127.

 6. By order dated July 18, 1974, General Counsel of the National Labor Relations Board transferred to Region IV of the Board that portion of the charge (now known as Case No. 4-CB-2281), containing allegations against the plaintiff and plaintiff's International Association.

 7. Beginning with the period in or about May 16, 1973 and continuing to the present date, agents of the National Labor Relations Board, and specifically agents assigned to Region IV, engaged in an investigation of the charges against plaintiff; and in the process thereof, have obtained Affidavits in the course of investigation of the aforesaid charges.

 8. On December 11, 1974, the defendant Peter W. Hirsch, acting for and on behalf of the National Labor Relations Board, issued a Complaint against plaintiff, charging plaintiff with having violated § 8(b)(1)(A) of the National Labor Relations Act. The issuance of this Complaint, and the factual allegations in support thereof, were based upon allegations of fact disclosed to the Board during the course of its investigation.

 9. On or about December 27, 1974, an unfair labor practice charge was filed with Region IV of the National Labor Relations Board and docketed as Case No. 4-CB-2392.

 10. Beginning with the period in or about December 27, 1974 and continuing to the present date; agents of the National Labor Relations Board, and specifically agents assigned to Region IV, engaged in an investigation of the charges against plaintiff; and in the process thereof, have obtained affidavits in the course of investigation of the aforesaid charge.

 11. On September 30, 1975, the defendant Peter W. Hirsch, acting for and on behalf of the National Labor Relations Board, issued a Complaint against plaintiff, charging plaintiff with having violated § 8(b)(1)(A) of the National Labor Relations Act. The issuance of this Complaint, and the factual allegations in support thereof, were based upon allegations of fact disclosed to the Board during the course of its investigation.

 12. On or about November 21, 1975, amended unfair labor practice charges in Case Nos. 4-CB-2127 and 2281 were filed with Region IV of the National Labor Relations Board.

 13. Beginning with the period in or about November 21, 1975 and continuing to the present date, agents of the National Labor Relations Board, and specifically agents assigned to Region IV, engaged in an investigation of the charges against plaintiff; and in the process thereof, have obtained affidavits in the course of investigation of the aforesaid charges.

 14. On January 20, 1976, the Acting Regional Director of Region IV issued an Amended Complaint against plaintiff, et al., consolidating cases 4-CB-2127, 4-CB-2281 and 4-CB-2392, adding additional allegations against plaintiff, ...


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