By: Kyllan Kershaw & Kaitlyn Whiteside
Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request related to the union’s investigation of potential sex discrimination, a mandatory subject of bargaining.…
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…
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…
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…
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…
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…
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.…
