[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1209.06]

[Page 27-28]
 
                             TITLE 29--LABOR
 
                                  BOARD
 
PART 1209_PUBLIC OBSERVATION OF NATIONAL MEDIATION BOARD MEETINGS--Table 
of Contents
 
Sec. 1209.06  Action necessary to close meetings; record of votes.

    A meeting shall be closed to public observation under Sec. 1209.05, 
only when a majority of the members of the Board who will participate in 
the meeting vote to take such action.
    (a) When the meeting deliberations concern matters specified in 
Sec. 1209.05(a), the Board members shall vote at the beginning of the 
meeting, or portion thereof, on whether to close such meeting, or 
portion thereof, to public observation, and on whether the public 
interest requires that a meeting which may properly be closed should 
nevertheless be open to public observation A record of such vote, 
reflecting the vote of each member of the Board, shall be kept and made 
available to the public at the earliest practicable time.
    (b) When the meeting deliberations concerns matters specified in 
Sec. 1209.05(b), the Board shall vote on whether to close such meeting, 
or portion thereof, to public ovservation, and on whether the public 
interest requires that a meeting which may properly be closed should 
nevertheless be open to public observation. The vote shall be taken at a 
time sufficient to permit inclusion of information concerning the open 
or closed status of the meeting in the public announcement thereof. A 
single vote may be taken with respect to a series of meetings at which 
the deliberations will concern the same particular matters where 
subsequent meetings in the series are scheduled to be held within one 
day after the vote is taken.
    (c) Whenever any person whose interests may be directly affected by 
deliberations during a meeting, or a portion thereof, requests that the 
Board close that meeting, or portion thereof, to public observation for 
any of the reasons specified in 5 U.S.C. 552b(c)(5) (matters of alleged 
criminal conduct or formal censure), (c)(6) (personal information where 
disclosure would cause a clearly unwarranted invasion of personal 
privacy), or (c)(7) (certain materials or information from investigatory 
files compiled for law enforcement purposes), the Board members 
participating in the meeting upon request of any one member of the 
Board, shall vote on whether to close such meeting, or any portion 
thereof, for that reason. A record of such vote, reflecting the vote of 
each member of the Board participating in the meeting, shall be kept and 
made available to the public within one day after the vote is taken.
    (d) After public announcement of a meeting as provided in Sec. 
1209.07 of this part, a meeting, or portion thereof, announced as closed 
may be opened or a meeting, or portion thereof, announced as open may be 
closed, only if a majority of the members of the Board who will 
participate in the meeting determine by a recorded vote that Board 
business so requires and that an earlier announcement of the change was 
not possible. The change made and the vote of each member on the change 
shall be announced publicly at the earliest practicable time.
    (e) Before a meeting may be closed pursuant to Sec. 1209.05 the 
General Counsel of the Board shall certify that in his or her opinion 
the meeting may properly be closed to public observation. The 
certification shall set forth

[[Page 28]]

each applicable exemptive provision for such closing. The certification 
shall be retained by the agency and made publicly available as soon as 
practicable.