NEW YORK NURSE: September 2010

RNs at work

An employer’s obligation to provide information

Q.: My local bargaining unit is starting to prepare for contract negotiations, which will begin this fall. How would our committee go about requesting information from our employer?

A.: An employer has an obligation under federal labor law to furnish union-related information. Yet, many initially resist handing over documents or other information the union may request. It is worth thinking about how to most effectively request information.

Always submit your request in writing or confirm your oral request in writing.
Make your request continuous in nature, allowing it to cover new information you may need for a future meeting, grievance hearing, bargaining session or arbitration. For example, you could say: “The union reserves the right to ask for additional information pertaining to this concern. Please provide information that is available as soon as practical to do so.”

Often you will have the choice of invoking a contractual right to information or a right under a statute. Work through whichever avenue – such as the grievance process, arbitration, the National Labor Relations Board, or perhaps courts of law – is best to enforce your right to information.

The NYSNA EGW Program receives many inquiries each month from members who have problems in their workplaces. If you have a question about labor relations at your facility, contact your NYSNA nursing representative. If you have a question you think should be featured in this column, send it to: RNs at Work, NYSNA, 120 Wall Street, 23rd Floor, New York, N.Y. 10005.