Employer Labor Relations Blog

Tag Archives: information requests

NLRB Questions Long-Established Precedent as to What Information an Employer May Be Forced To Disclose During Negotiations

Posted in Current Events, NLRB

By:  Kenneth R. Dolin, Esq. Labor negotiations are, as the name suggests, a series of negotiations that historically are conducted in an adversarial manner during which both parties often defend their proposals with, among other things, a mixture of rhetoric, logical appeals, and argument.  The Board has long recognized that during this process the employer must be given some leeway (as is the… Continue Reading

UNION INFORMATION REQUESTS: WHAT EMPLOYERS SHOULD KNOW BEFORE SAYING “NO.”

Posted in Collective Bargaining, Unfair Labor Practices

By: Kristin E. Michaels, Esq. The National Labor Relations Board has reminded employers once again that there is a right way and a wrong way to object to union information requests on the grounds that the information sought by the union is irrelevant, unduly burdensome, overbroad or confidential.  The Board revisited this issue recently in Salem Hospital Corp., 359 NLRB… Continue Reading

NLRB Takes Away Employers’ Longstanding Right To Withhold Witness Statements

Posted in Current Events, NLRB, Unfair Labor Practices

By:  Kamran Miraffati For over 34 years, witness statements obtained by an employer during an investigation of employee misconduct have been considered confidential and were not required to be produced to the union that represented the employee.  However, in a newly released decision, Piedmont Gardens, 359 NLRB No. 46 (2012), the National Labor Relations Board (“Board”) continued its recent agenda… Continue Reading

D.C. Circuit Upholds Board’s Order Requiring Company To Share Information On Customers And Pricing With Union

Posted in Collective Bargaining, NLRB, Unfair Labor Practices

By Amanda A. Sonneborn On December 4, 2012, in KLB Indust. Inc. v. NLRB, the D.C. Circuit Court of Appeals upheld a National Labor Relations Board ruling that an employer violated the National Labor Relations Act by failing to provide information to the union concerning the employer’s customers and pricing after telling the union that competition required the employer to… Continue Reading

NLRB Expands The Duty To Respond Promptly To Union Requests For Information

Posted in NLRB, Unfair Labor Practices

By Joshua M. Henderson. Here’s a new one: A union sends a written request for irrelevant information to an employer, and the employer blows off the union’s request and undoubtedly sends the request to the “circular file,” or trash can.  The union files an unfair labor practice charge for the employer’s failure to respond to its request for irrelevant information. … Continue Reading

The NLRB Makes It More Difficult for Employers To Protect Confidential Financial Information During Bargaining

Posted in Collective Bargaining

By:  Kenneth R. Dolin Over the last year, the Board has greatly expanded the scope of requested information that an employer must provide to a labor union upon the latter’s request during collective bargaining, especially when the requested information is financial in nature. For example, in National Extrusion & Mfg. Co., 357 NLRB No. 8 (2011), the Board majority (Hayes dissenting)… Continue Reading