Employers who refuse to furnish a Union with certain information that is necessary and relevant to the Union’s role as the exclusive collective-bargaining representative of the unit employees violate their duty to bargain collectively and in good faith with the Union. An employer must grant a Union’s written request for addresses, phone numbers and work schedules of all unit employees under Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA). According to the NLRA, employers cannot interfere with the right of employees “to bargain collectively through representatives of their own choosing.” Since the requested information is necessary for the Union to accomplish its duty of exclusive representation, the Board found that the employer engaged in an unfair labor practice by withholding the requested information.
Barsyl Supermarkets Inc., 359 NLRB No. 65 (2013) NLRB Board Decisions, available at http://www.nlrb.gov/cases-decisions/board-decisions (last accessed Feb. 25, 2013); 29 U.S.C. § § 157, 158 (a) (2013).
(Development Authored by Ezinwanyi Ukegbu)