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Abstract

This note analyzes the Freedom of Information Act (FOIA), especially as it pertains to the National Labor Relations Board (NLRB), which has been particularly affected by requests for disclosure of documents. The NLRB's function is to settle labor disputes and remedy unfair labor practices with a minimum of delay. The note argues that allowing Board proceedings to be enjoined via pre-hearing FOIA suits only encourages parties to use these suits as dilatory measures. The note suggests that the FOIA was never intended to be used as a tool of discovery and argues for a stop to the increase in discovery-injunction decisions that tip the balance in favor of parties to agency proceedings.

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