The opinion of the court was delivered by: SMITH,
This cause, a complaint for disclosure of documents under the Freedom of Information Act, 5 U.S.C. § 552, was heard on plaintiffs' motion for summary judgment, defendants' motions to dismiss and for summary judgment having previously been denied. The Court has considered the affidavits filed by the parties, the extensive memoranda of law and oral argument. The Court also, following the procedure suggested in Bristol-Myers Co. v. FTC, 138 U.S. App. D.C. 22, 424 F.2d 935 (D.C. Cir. 1970), examined in camera a sample of more than 200 of the thousands of documents whose disclosure was sought. The size and composition of the sample was selected by agreement of the parties.
1. In July, 1969, plaintiffs requested of defendants the right to inspect and copy certain of defendants' records, designated as forms "CA-15", Inspectors' Reports and "CA-16", Notices of Violation, of the defendant Bureau of Labor Standards.
2. Defendant Guenther as Director of the Bureau of Labor Standards refused access to files described as current and agreed to permit access to files described as not current only upon condition that plaintiffs agree not to disclose names of persons or firms appearing in the records.
3. Plaintiffs appealed the denial of access and the conditional grant of access to the defendant Silverman, Solicitor of the defendant Department of Labor, in August, 1969.
4. In January, 1970, after this action was filed and after an order of mandamus was issued by this Court, defendants replied to, and denied, plaintiffs' appeal.
5. The records sought are Inspectors' Reports, "C.A. 15's" and Notices of Violation, "C.A. 16's" prepared by inspectors employed by defendants in connection with their inspection of plants subject to the Walsh-Healey Public Contracts Act.
6. The C.A. 15's record health and safety conditions in the plants inspected, including, among other things, conditions that may violate the standards promulgated under the Walsh-Healey Act.
7. The C.A. 16's record violations of the standards promulgated under the Walsh-Healey Act and are transmitted to the employer whose plant is found to be in violation.
9. In the period 1966-1969 defendants carried out 115 formal proceedings against employers and declared 13 employers ineligible to receive government contracts.
1. Plaintiffs have complied with the procedural requirements of the Freedom of Information Act, 5 U.S.C. § 552, and defendants' applicable ...