A fairly elected labor organization is entitled to bargain with organizations or businesses on behalf of union employees regardless of the organization or business’s objections. The Union won a representation election conducted at Salem Hospital and soon after requested bargaining with Respondent who refused to meet and bargain with them. Section 8(a)(5) of the Act provides that it is an unfair labor practice for an employer to refuse to bargain with a certified representative of its employees. The National Labor Review Board held that specific informational requests made by the Union were relevant and necessary to its role as the bargaining representative for the employees.
See The Mem’l Hosp. of Salem County & Health Professionals & Allied Employees (Hpae), S 4-CA-073452, 2012 WL 4086847 (N.L.R.B. Div. of Judges Sept. 14, 2012); see also Ryder Distribution Res., Inc. & Communications Workers of Am., Local No. 3263, 302 NLRB 76, 90 (1991).
(Development authored by Basim Motiwala)