Information requests in the realm of labor relations are simple in theory but can be complicated in practice. We have seen how the topics of information sought by a union can cause skirmishes, sometimes deliberately so. We also have seen that it almost never is a good idea for a
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NLRB Majority: Employer Not Required To Disclose Identity Of Bargaining Unit Informant
By Mark Theodore on
An employer’s duty to provide information to the union representing its employees is a frequent of topic of interest to labor relations practitioners because it is very easy to violate the law. For example, an employer’s assertion that the information is confidential is not enough to justify failing to turn…
Union Not Entitled to Information About How Employer Spends Money From Tax Cut, NLRB General Counsel Rules
By Mark Theodore on
In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on the make-up of the NLRB. For example, for a brief period of time we…
NLRB Majority Decides 50-50 Balls In Employer Favor
By Mark Theodore on
The NLRB has been in a period of dormancy. When the make-up of the Board changed, a lot of people expected an onslaught of NLRB decisions reversing the reversals of precedent made by the agency in the last 8 years. Except for a couple of brief periods, most notably…
Arbitration Class Waivers, Past Practice (not established) and Skirmishing Over Information Requests All Part of Recent NLRB Action
By Mark Theodore on
NLRB Reverses Information Request Decision…After Court Reverses Board Decision
By Mark Theodore on
On A Roll: Board Finds No Bargaining Obligation Attaches to Unilateral Actions Consistent with Past Practice
By Mark Theodore & Joshua Fox on
On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years.
Today, the NLRB, in Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), returned to the longstanding law of the NLRB…
Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)
By Mark Theodore on
When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before addressing economic proposals. Other ground rules include things like confidentiality…