Right To Info

One of the most useful tools for the union is the right to obtain information from management free of charge. A union has a right to the information that is necessary and relevant to its representational responsibilities.

The union may request information to:

monitor compliance with the collective bargaining agreement
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)
decide whether to file an unfair labor practice charge

Management must provide such information to the extent that it is not prohibited by law, is normally maintained in the regular course of business, and is reasonably available. Management may not unduly delay providing information. However, there is no obligation to meet a specific arbitrary deadline established by the union. Further, where the information is needed for grievance adjudication, management is not obligated to extend the time deadlines because of a union's request for information. Nevertheless, it is important to communicate to the union the status of its information request. Further, management must reply to a request for information even if the response is that the information does not exist.

Union information requests must specify why it needs the information, how the information will be used, and the connection between those uses and the union's representational responsibilities. It is not enough for the union to say the information is relevant or useful.

Unreasonable delay constitutes an unfair labor practice, even if the management does eventually provide the information.

Management may not refuse to provide information simply because the union could get the same information from its members, the request is too large; the grievance "has no merit;" or the grievance is not arbitrate-able.

For the most part, management should not provide the union with:

Employee home addresses
Personal information about an employee's performance appraisal
Documents concerning internal management deliberations relating to the collective bargaining process such as negotiation strategy, interpretation of collective bargaining agreements, and strategies for handling grievances and ULPs.