EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

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While the Privacy Act of 1974 (Privacy Act; 5 U.S.C. § 552a) applies to University as a federal contractor, union was not required to submit a FOIA request to federal Department of Energy (DOE) rather than an RFI to the University. FOIA establishes a mechanism for the public to access federal records; it does not displace any independent statutory right to information arising under a collective bargaining statute. And the University-DOE contract does not purport to require a union seeking DOE-owned information from the University to file a FOIA request, nor does it otherwise purport to limit the University in complying with HEERA by providing records that fall within a Privacy Act exception. (p. 29.)