RIGHT TO INFORMATION
- Basic rule: The employer has a general duty to provide information to the union, if that information is relevant to the administration of the collective bargaining agreement governing the rights of bargaining unit employees. Please bear in mind the following general guidelines.
- Why is it important to know and assert this legal right?
- Maintaining a strong grievance procedure.
- Origins of the rule: case law grounded in Section 8(A)(5)
- Information for contract bargaining.
- Information for grievance handling.
- What information can you get?
- It must be relevant to an actual or suspected grievance or issue.
- It must ordinarily be about bargaining unit employees.
- Must your request for information be formal? In written form?
- Some employers will respond to a verbal request but if the company representative hesitates or refuses be prepared to put the request in writing.
- It should be written on union stationery with a reasonable deadline for receiving the information. Offer to pay reasonable photocopy costs.
- What if the employer stalls and doesn’t provide the requested information right away?
- Take the grievance to the next level to insure that all the time limits are met.
- Must the employer give you exactly what you ask for?
- It must be generally in employer's possession.
- Not too "burdensome" for the employer to supply the requested information.
- What if the employer claims confidentiality?
- Please note that issues of confidentiality should be considered carefully by labor and management. For example, medical records or personal or sensitive matters should be dealt with carefully, constructively and discreetly. Tailor your request to your actual needs. If confidentiality is an issue, at least get information that is not claimed to be confidential and do not waive your right to the information. Don't hesitate to seek help from the appropriate and knowledgeable union official.
People Who May, Where Appropriate, Supply Information: The following are examples of sources of information, where appropriate:
- The person who has the grievance
- Other employee
- Witnesses to the event or some aspect of the grievance
- Other union stewards and officers -- they can supply ideas about similar grievances
- Grievant's doctor
- Other medical personnel
- Grievant's family members
- Experts with special knowledge: International staff representative, labor lawyers, engineers, etc.
- Supervisor and other management personnel - Try early on to get management's views and ask for and review relevant documentation so that you, will have a better idea of their reasoning. Be sure you follow the provisions on the collective bargaining agreement.
Union Records That Supply Information: The following, if applicable, may be sources of information, for example:
- Union contract
- Grievance file
- Past Practice file
- Arbitration awards
- Memoranda of understanding, letters from management clarifying policy
- Records of the history of labor-management relations including notes from collective bargaining negotiations.
Management Records That Can Supply Information: The following, if relevant and appropriate may provide sources of information:
- Management rules, regulations, policies
- Personnel files
- Health and safety rules
- Seniority lists
- Payroll and Production records
Federal, State, and other laws, as applicable (including, for example, laws against discrimination).