NLRB Upgrades FOIA System: Bureaucracy Goes Digital
Published Date: 3/26/2025
Notice
Summary
The National Labor Relations Board (NLRB) is updating how it handles Freedom of Information Act (FOIA) requests by creating a new electronic system called NLRB-37. This change affects anyone who asks for information from the NLRB and replaces two older systems. Comments on this update are open until April 25, 2025, and the new system will start right after unless changes are needed.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 3 costs, 2 mixed.
Requester contact info not posted; released documents may contain PII
Contact information you provide when completing a FOIA request or creating an online account (like home address, email, and phone) will not be posted on the public website or searchable. However, personally identifiable information that appears in documents released under FOIA will be publicly available and searchable when those documents are posted.
Routine disclosures to agencies, contractors, and others
Records in NLRB-37 may be disclosed to federal, state, or local agencies, the Department of Justice, the Office of Management and Budget, NARA, contractors assisting with system maintenance or document processing, congressional offices, labor organizations, arbitrators, and others listed in the routine uses. Disclosures may also be made to respond to or investigate a suspected data breach.
New online FOIA submission and tracking
The NLRB is launching a new electronic system called NLRB-37 that lets the public submit and track Freedom of Information Act (FOIA) requests and administrative appeals online. This system replaces NLRB-35 and NLRB-32 and will take effect on April 25, 2025 unless changed by public comments.
Third‑party requester names made public
The NLRB will make the name of a third‑party FOIA requester publicly available and searchable in the system. This public availability applies to names specifically and is effective as part of NLRB-37 on April 25, 2025 unless modified by comment.
Records retention for FOIA files: six years
FOIA records in NLRB-37 are retained and disposed of under General Records Schedule 4.2, Item 020, which provides for destruction six years after final agency action unless longer retention is needed for business use. That retention schedule governs how long your request and related records remain in the system.
System data may be used in evaluating employee performance
The NLRB states that NLRB-37 may be used to assist in evaluating Agency employee performance, meaning records about processing FOIA requests could be reviewed as part of performance assessments. This use is part of the stated purposes of the system.
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