The Union's Right to Information

One of the most useful tools for union stewards under the HEERA is the right to obtain information from employers. Without access to relevant information, the union cannot fulfill its responsibilities to negotiate and enforce contracts. Refusal to provide necessary and relevant information, or unreasonable delays in providing such information, are violations of HEERA ("unfair labor practices").

Stewards may request information to:

monitor compliance with the Contract;
investigate whether a grievance exists;
prepare for a grievance meeting;
decide whether to drop or proceed with a grievance;
prepare for an arbitration;
to bargain on changes to the status quo, or mid-term changes
(i.e., changes made during the duration of a contract).

Stewards can request a broad range of information: relevant documents, data and facts, and information that might be useful in itself, or that might lead to the identification of other useful information. If management does not actually possess the information, it must make a diligent effort to obtain it, including making requests of 3rd parties, such as contractors or customers. Preconditions, such as insisting that the Union may not disclose information to outsiders, may not be imposed unless the information meets a strict test of confidentiality.

Information requests must be made in good faith, and not merely to harass the employer. They must relate to contract bargaining or enforcement, and the union must be prepared to explain the reasons if asked by the employer.

Stewards are entitled to examine a wide variety of records to investigate a grievance or prepare for bargaining. Some samples include:

accident reports
air quality studies
attendance records
bargaining notes
bid applications
disciplinary records
environmental audits
interview notes
leave requests
minutes of employer meetings
OSHA logs
photographs
promotions tests
time cards
videotapes
work rules

Employers must supply the union with relevant data, even if it will take a great deal of time to put it together -- however, the employer can bargain with the Union on reimbursement for its costs. Data requests can extend back for years; although there is no rule about how far back a union can request information, some court cases have upheld requests for data going back 5 years. If substantial costs are involved, and the parties fail to agree while bargaining on reimbursement, the union can request direct access to the information -- for example, by having a union steward review the actual files in the manager's office.

The employer must respond promptly to a union's request for information; however, the definition of a prompt response changes depending on the information requested. Simple information, such as a copy of a personnel file, should be produced in no more than 2 weeks. Unreasonable delay constitutes an unfair labor practice, even if the employer does eventually provide the information.

Employers must answer relevant factual inquiries, such as the names and addresses of witnesses and descriptions of their testimony. Employers must respond to general inquiries, such as "Please supply all documents and records which refer to or reflect the factors causing you to reject this grievance," or "Please provide all documents, reports, and other evidence utilized in making the decision to discipline the employee."

For disciplinary grievances, it is a good idea to request a copy of the complete contents of the grievant's personnel file. If there is a question of disparate treatment, request the names of all other employees who have committed similar offenses and the penalties imposed. In some circumstances, you can request information about non-unit employees, such as supervisors, when that information is relevant to the grievance -- for example, if the same rule applies to all employees regardless of bargaining unit. The employer does not have an absolute right to keep supervisor's records private.

The employer does not have the right to refuse information requests because the union could get the same information from its members; the request is too large; the grievance "has no merit;" the grievance is not arbitrable or the materials are "privileged."

Confidentiality

This is the major exception to the employer's duty to provide information. Confidentiality refers to information that is either highly personal or highly sensitive. Individually identified medical records, psychological data, and aptitude test scores usually meet the highly personal standard. Records revealing the employer's trade secrets or research would usually meet the highly sensitive standard. Employee addresses, telephone numbers, wage data, personnel files, and disciplinary records are not confidential, and neither are internal reports or studies. To invoke the confidentiality defense, the employer must have a public and consistently-enforced policy barring the disclosure of such information. If there is a way to provide the information that accommodates the employer's confidentiality concerns (such as redacting individual names from medical records), the employer must provide the information.

Sample Request for Information

To: ________________________ (name of manager)

From: ______________________ (name of representative)

Re: ________________________ (contract clause / grievance / subject of inquiry)

Date: ______________________

Dear _________,
In order to monitor and administer the terms and conditions of employment (or the collective bargaining agreement), the union requests the following information:

1.
2.
3.

This request is made without prejudice to the union's rights to file subsequent information requests. Please provide the information by __________ (date). If any part of this request is denied, or if the information is unavailable, please provide the remaining items by the above date, which the union will accept without prejudice to its position that it is entitled to all documents and information called for in this request.