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Union Information Question
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Does anyone know if a Union has a duty to provide the employer with the names of its members?
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Forums » Topic Forums » Legal Forum » Union Information Question
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Re: Union Information Question
posted at 4/26/2013 4:20 PM EDT
on Workforce Management
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Posts: 15
First: 4/11/2013 Last: 5/8/2013 |
It seems obvious from your question that you do not have a checkoff agreement with the union; and before attempting to answer your question I would need to know why you are requesting this information? |
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Re: Union Information Question
posted at 4/29/2013 10:34 AM EDT
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
In Response to Re: Union Information Question: It seems obvious from your question that you do not have a checkoff agreement with the union; and before attempting to answer your question I would need to know why you are requesting this information? Posted by JimK1952 I am somewhat familiar with employer obligations to furnish information to the union--e.g., duty to furnish names of bargaining unit members--but find little information regarding union duty to furnish information. I have no specific request to any union. The issue came up in discussion, and I am always looking to increase my knowledge. I gather from your response that the answer differs based on the reason for the request. I understand that furnishing information is generally a part of good faith bargaining in for both parties. Is there some threshold of relevance for lists of union members or is it presumptively relevant? |
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Re: Union Information Question
posted at 4/29/2013 1:09 PM EDT
on Workforce Management
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Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
While all that may be true, the question remains of why do you want this information? I would imagine that the union would be rather suspicious of any such request and would be polishing their grievance/unfair labor practice complaint button. |
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Re: Union Information Question
posted at 4/29/2013 4:24 PM EDT
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
In Response to Re: Union Information Question: While all that may be true, the question remains of why do you want this information? I would imagine that the union would be rather suspicious of any such request and would be polishing their grievance/unfair labor practice complaint button. Posted by nork4 I really do not plan on asking the union for a list of its members. This really is just an academic question, but I am always interested in defining the duties of both parties. If a request were made the union may be suspicious of motivation, but just asking would not form the basis of a ULP claim. In fact, the union could merely refuse, and the employer would likely have to file a ULP claim (if the union had a duty). I understand that both parties have a duty to provide information relevant to the bargaining process and was interested in any information on the boundaries of the duty. I can find a lot of information on the boundaries for the employer's duty...not so much for the union's duty. |
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Re: Union Information Question
posted at 4/30/2013 9:15 AM EDT
on Workforce Management
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Posts: 15
First: 4/11/2013 Last: 5/8/2013 |
As a general rule I would say that the union is under no obligation to provide management with their union member list. The very act of providing this information to management may actually place the union in a position of having to defend itself from suits by union members who may claim that the union violated their rights by exposing them to employer intimidation. Although, not exactly on point with your question there is an NLRB case, Air Management Services, Inc. (28-CA-021378, 2007) where the Board determined that their application form, which asked prospective applicants about their prior union affiliations and their overall attitude about unions was deemed to be a violation of the NLRA and they were ordered to cease and desist. While Air Management was not a union shop, the fact that their use of prior union experience as a factor in determining employment was considered a violation of the NLRA. It would be relevant, in your case if you received a union member list and there was a resulting perception that you began to target union members; in effect the information could possibly expose both the union and your company to NLRA violations. In addition, in the June 21, 2011 Federal Register the DOL proposed rule changes to the CFR, which would require additional disclosure by management of their use of third party consultants for the purpose of countering attempts to unionize and also to a lessor degree to seek decertification of existing unions. Although the rule requiring disclosure of the use of 3rd party labor consultants has been in effect for a number of years, it appears from a reading of the proposed changes the current rule contains a significant number of loopholes, which allow consultants and management to avoid the reporting requirements of a company's use of a labor consultant. A review of the CFR would seem to indicate that the proposed rule was not adopted, however, the NLRA prohibits an employer from actively seeking to decertify a union, but it would appear from the fact that the rule change was not adopted management has broad latitude to utilize the services of labor consultants without triggering the reporting requirements of the NLRA. A copy of the proposed change follows: http://www.gpo.gov/fdsys/pkg/FR-2011-06-21/pdf/2011-14357.pdf I do not know if any of this answers your questions. |
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Re: Union Information Question
posted at 4/30/2013 12:19 PM EDT
on Workforce Management
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Posts: 221
First: 9/29/2011 Last: 5/2/2013 |
Sorry, hr*. I wasn't too clear. The act of asking wouldn't be a basis for ULP claim for sure as you said. I was looking a bit further down the road; ex, would the union affiliation of an employee be used to discriminate against that employee. I would imagine not, but the grounds for a complaint such as that would be bolstered by the company having knowledge of who was and who wasn't a union member. |
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Re: Union Information Question
posted at 5/1/2013 9:43 AM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
Totally different spin and call me simple, but aren't there times when the employer would have to know...for example, if payroll deducts union fees from paychecks? Now if they actually used the information for other reasons, I can see a potential problem. |
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Re: Union Information Question
posted at 5/1/2013 5:45 PM EDT
on Workforce Management
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Posts: 15
First: 4/11/2013 Last: 5/8/2013 |
In Response to Re: Union Information Question: Totally different spin and call me simple, but aren't there times when the employer would have to know...for example, if payroll deducts union fees from paychecks? Now if they actually used the information for other reasons, I can see a potential problem. Posted by rrupert This would apply if management has agreed to collect dues for the Union(Dues Checkoff agreement), in which case the employee must sign a form authorizing management to withhold union dues from his paycheck. |
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