EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – In General
Single Topic for Decision 2652E
Full Decision Text (click on the link to view): Full Text
604.01000 – In General
There is no categorical rule denying a union access to information pertaining to a mandatory subject, even when the parties are not in bargaining and the union intends to use the information to advise or represent an employee in relation to an extra-contractual issue or forum. Because discipline is within the scope of representation, information pertaining to actual or potential discipline is presumptively relevant, even if the only contemplated disciplinary forum is extra-contractual. Information pertaining to actual or potential discipline is presumptively relevant, no matter in what forum the disciplinary matter might be resolved, as union has right to information necessary or relevant to its right to represent bargaining unit employees.