The Duty To Furnish Information Under NLRA

Powerful Essays
The Duty to Furnish Information
Under the National Labor Relations Act
American Bar Association
Labor and Employment Law CLE Conference
Philadelphia, Pennsylvania
November 7-10, 2007

Jeffrey I. Pasek
Charles J. Kawas
Cozen O’Connor
1900 Market Street
Philadelphia, PA 19103
(215) 665-2000

I.

INTRODUCTION

II.

THE GENERAL DUTY TO FURNISH INFORMATION
A.

B.

Creation of the Duty
1.

Union Must be the Bargaining Party

2.

The Nature of the Union’s Request for Information

The Information Requested Must be Relevant and in Good Faith
1.

III.

IV.

C.

Information Requests Must not be too Cumbersome for Either Party

D.

Union’s Duty to Furnish Information

E.

Information Must be Provided in a Timely Manner

REQUESTS FOR SPECIFIC INFORMATION
A.

Specific Instances of Relevant Information Requests

B.

Financial Information of the Employer

C.

Witness Statement Disclosure

EMPLOYER DEFENSES
A.

V.

Presumptively Relevant Information

Confidentiality
1.

Trade Secrets

2.

Information on Striker Replacements

3.

Third-Party Disclosure

B.

Restrictions on Use of the Information

C.

Privacy Interests

D.

Deferral to Arbitration

E.

Waiver

Conclusion

I.

INTRODUCTION

The duty to furnish information is an integral component of the collective bargaining process.
An employer’s disclosure of information provides the union with necessary information so that it can effectively carry out its statutory duty to represent the bargaining unit, both in bargaining a new contract and in policing administration of an existing collective bargaining agreement.
NLRB v. Acme Industrial Co., 385 U.S. 432 (1967). Likewise, under certain circumstances, a union must provide information requested by an employer. This paper will provide a general overview of a party’s duty to furnish information upon a proper request. Although the duty is a bilateral one, most information requests, and therefore most of the case law, involve requests made by unions to employers.
Keep in mind that

You May Also Find These Documents Helpful

  • Better Essays

    party Y and party X is well aware with some information on the goods in which party Y has no knowledge at all. The information on the goods may contain certain material facts in this situation in which it will either alter or trigger the final decision of party Y to either proceed with the contract or not. Does party X has the duty to disclose the material facts to party Y? To what extent and in what circumstances must party X disclose such information? Unlike many other legal systems, the English…

    • 2077 Words
    • 9 Pages
    Better Essays
  • Better Essays

    “The future of unions and collective bargaining system is uncertain.” (Barnardin & Russell, 2013, p.349). The National Labor Relations Act (NLRA), also widely known as the Wagner Act, was a law established during the great depression era during the year 1935. As such, these laws recognized from a formal perspective of worker’s rights to collectively bargain with representatives of their choice. (Barnardin & Russell, 2013). Additionally, these laws provided for employees and rights to oppose what…

    • 950 Words
    • 4 Pages
    Better Essays
  • Good Essays

    duties

    • 1802 Words
    • 8 Pages

    DUTIES, RESPONSIBILITIES AND JOB QUALIFICATIONS Internal Structures General Manager Expected to assist with marketing campaigns in their area. Oversees the overall operation of the business Implement rules and regulations in the business Has the authority in coaching, rewarding and disciplining employees in a responsible and effective matter. Must be able to train employees in proper cash-handling methods and must have controls in place to account for all revenue received. Has keys to…

    • 1802 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Duties

    • 429 Words
    • 2 Pages

    community, state, or nation. Citizens have rights and duties as family members, as students in a classroom and school, and as members of their community, state, and nation. Being a good citizen means following rules and laws being responsible and respectful helping others. Being a responsible family member means knowing and following the family's rules. It means helping parents or care-givers and cooperating with brothers and sisters. It is the duties of family members to be honest and fair to each other…

    • 429 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    RCT Active Duty Duties

    • 112 Words
    • 1 Page

    During my first quarter my mission is to coordinate with RCCCs at RCT active duty installations in order to increase the number of soldiers who select appointment into the New Jersey Army National Guard after completing their active duty obligations. I place my emphasis on potential MSO reductions by 1 year or more, as well as the 2 year stabilization policy available to soldiers who are transitioning off of active duty into the Reserve Component. Other events that take place during the first quarter…

    • 112 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Directors Duties

    • 2415 Words
    • 10 Pages

    officers and directors duty of care under the corporations act and what consequences will be made if such breaches occur. Another issue is whether there have been any breaches of directors duties in relation to insolvent trading and what defences are available for directors who have breached their duties. And also what consequences are in order if such breaches occur. Issue 1: Breaches of a Director’s and Officer’s Duties under the Corporations Act. Director’s duties are supported by the…

    • 2415 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Directors Duties

    • 6888 Words
    • 28 Pages

    ❖ S 9: “Officer” includes directors, secretaries, receivers, administrators, liquidators, administrating trustees. ❖ S 9: “Director” includes shadow & de facto directors. enforcement of directors’ duties enforcement of statutory duties Civil penalties Who may apply for a Declaration or Order? ❖ S 1317J(1): ASIC may apply for a declaration of contravention, a pecuniary penalty order or a compensation order. ❖ S 1317J(2): The company may apply for a compensation order. ❖…

    • 6888 Words
    • 28 Pages
    Good Essays
  • Good Essays

    Duty of Care

    • 646 Words
    • 3 Pages

    ASG 1 Unit 054 Task A Provide a brief written explanation of the following: 1. What duty of care means in children and young people’s settings. Duty of care in childcare settings means to keep children and young people safe, protecting them not only from physical harm but also from neglect, emotional and sexual harm and abuse. It is guarding the rights of the child in your care, as they have the right to be independent and to be treated with respect and dignity. This also includes respecting…

    • 646 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Professional responsibility is acting toward students in a way that is ethical and consistent with one’s role as a professional person. I will explain the professional duties and responsibilities a classroom teacher must discharge in assessment as well as, four responsibilities of students in assessment. The professional duties and responsibilities that a classroom teacher must discharge in the assessment process are to inform students of their rights and responsibilities, let them be aware of…

    • 549 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Duty to Warn

    • 2582 Words
    • 11 Pages

    mental health field. There were issues that were brought up that were quite important, such as therapists need to understand confidentiality, privileged information, and a therapists responsibility related to reporting suspected child abuse, elder abuse, and/or suicidal ideations, and possibly the most important of them all is a therapists duty to warn. The first case they were focusing on was the case related to a child that was presented in the ER and seen by Nurse Brown and now because she did…

    • 2582 Words
    • 11 Pages
    Better Essays