Information Requests
To defend the members and the union contract, the union has a legal right to seek information from an employer – and the employer has a legal obligation to provide it as long as the union’s request is relevant and not unreasonable.
- The employer is required to provide relevant information in a variety of circumstances – don’t assume that a grievance has to be filed before you can ask!
- Put information requests in writing!
To properly police the Union Contract, the Union often needs information that only the employer can provide. Every steward should be aware that the employer must provide the Union with the information that it needs to properly represent the members. This includes information that will help the Union:
- To decide whether to file a grievance;
- To prove a point to win a grievance;
- To make the employer prove something they have said;
- To prepare and present an arbitration case; and
- To prepare for negotiations.
You have the right to ask for information. Some employers try to deny giving the Union information until the Union files a grievance. This is wrong. The Union can ask for information before it files a grievance to decide if a grievance exists.
What Can You Request?
The following is a list of the various kinds of information that Unions have requested and employers have had to give them. Remember the Union must show this information is relevant.
- Accident Records
- Attendance Records
- Bargaining notes
- Client complaints
- Contracts (from other bargaining units)
- Contracts with suppliers
- Correspondence
- Customer contracts
- Customer complaints
- Customer lists
- Disciplinary records
- Employer memos
- Equipment specifications
- Health & Safety studies
- Inspection records
- Insurance policies
- Interview notes
- Job assignment records
- Job bids
- Job evaluations
- Job descriptions
- Material Safety Data Sheets
- Names of witnesses
- OSHA logs
- Payroll records
- Pension contribution records
- Performance reviews
- Personnel files (with or without employee’s consent)
- Piece rate records
- Production records
- Photographs
- Salary records
- Security Guard records
- Seniority lists
- Subcontracting contracts
- Supervisor’s notes
- Time cards
- Time study records and raw data
- Training manuals
- Videotapes
- Wage and Salary records
- Work Rules
Requests must be relevant and not unreasonable: The obligation of the Union is to ask for information that is relevant to the case and not an unreasonable request aimed at harassing the employer. The NLRB (and state Labor Boards) will back up information requests if they meet these two criteria.
How quick do the employers have to provide the information?
Employers cannot unreasonably delay giving information to the Union. If the employer estimates that getting the information will take some time, they must show that they are working on it, not just stalling.The employer sometimes can provide the Union access to information rather than providing a copy.If the employer refuses to provide relevant information, discuss the possibility of filing an Unfair Labor Practice charge with INA staff assigned to your local.
Sample Written Request
To: (Name of Boss)
From: (Union Representative)
Re: (Contract clause, grievance, subject of inquiry)
Date: _________________
Dear __________:
(Pick one of the following openings:)
- To monitor and administer the collective bargaining agreement, the Union requests the following information:
- To decide if a grievance exists, and if it does, to prepare and process the grievance, the Union requests the following information:
- The Union requests the following information relevant to the above named grievance:
1.
2.
3.
4.
The Union reserves the right to request further relevant information on this matter. Please provide this information by ________________. Please notify the Union immediately if there are any difficulties in providing any of this information.
The materials on this page were adapted from the United Electrical, Radio & Machine Workers of America, who ask that we share a link to this notice in exchange for recirculating this information.
