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Requests for Information

One of the most effective tools unions can use to further their bargaining goals is the request for information from employers. What is the justification for obtaining information that the union might use against the employer in bargaining or reveal sensitive data in public?

The collective bargaining process represents "a balance between economic interest and private enterprise on the one hand and community interest, public accountability and social responsibility on the other." The duty to bargain must include information necessary to determine the merits of any proposal. A union also has a right to information to determine whether a contract violation has occurred, even if a grievance has not been filed.

The free flow of financial and operational information is critical. An employer only is obligated to provide detailed financial information in those situations where an inability to pay is claimed. Otherwise, an employer is free to seek concessions without disclosing financial data.

Access to health and safety data under OSHA is more broad under Hazard Communication and Employee Access to Medical and Exposure Records Standards.

If the employer refuses to provide information based on a claim of confidentiality or concerns over burden but fails to demand bargaining over the claim, it may constitute a waiver of the right to raise such issues in subsequent requests.

Limits on the union’s right to obtain information:

	The union must demonstrate that information requested is necessary and relevant.
	Financial data is limited to specific “pleas of poverty”.
	Confidential, classified or proprietary information may be restricted where reasonable alternatives for disclosure are available.
	A request cannot be unduly burdensome.
	Information granted need not be in the form specified by the union.
	The union may be required to pay reasonable costs for duplication.
	The employer need not interpret data.