Your Right to Information
June 13, 2000 by Beeson Tayer & Bodine
Your Union’s right to information enabling it to provide you with effective information regarding your grievances has been upheld by the U.S. Supreme Court under the duty to bargain in good faith under Section 8(d) of the National Labor Relations Act.
Important court decisions on this point require employers to:
1. Furnish the Union, upon request, with sufficient information to enable it to understand and intelligently discuss an issue raised in bargaining.
2. Furnish information to the Union for purposes of representing employees in negotiations for future contracts and policing the administration of the existing contract, including for the handling of grievances.
3. Furnish information demanded that is relevant and reasonably necessary to the performance of the Union’s function as bargaining representative.
When and How Management Must Furnish Information
1. The Union must request the information, preferably in writing, and with specificity.
2. If information is complicated, management must provide the information in written form..
3. Length of time management can delay providing requested information varies:
a. In one case, a 15-day delay was not bad faith.
b. In other cases, 1 ½ month, 2-month and 9-month delays were unlawful.
c. When information is very complex, management met its obligation to supply information when it permitted the union to study the data and a union time-study engineer could freely inspect the plant.
Examples of Information Which Must Be Furnished
What follows is not a complete list of the types of information which might be needed for any particular grievance, but it provides a good starting point.
1. Gross wages paid and wage rates
2. Wage history of individual employees
3. For each employee: hire dates and wage increases
4. Employee benefits programs
5. Job evaluation systems
6. Production standards
7. Copies of time tickets
8. Copies of daily work reports
9. Medical records directly related to the grievance
10. Plant rules
11. Number of employees by classification
12. Productivity changes
13. Copy of handwriting analysis report used to substantiate discharge
14. Employee testing used for promotions
15. Discipline and performance records
16. Records of discipline applied to other employees for similar offenses
17. Names of complaining customers when complaints constitute the basis for disciplinary action
The Union’s Options if the employer refuses to supply the requested information
* File a grievance
* Subpoena records through the Arbitrator
* File an Unfair Labor Practice charge with the NLRB
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
