A recent National Labor Relations Board case illustrates the broad scope of an employer’s obligation to furnish information requested by a union, as well as the severe consequences for an employer unlawfully refusing to provide information requested by a union. National Extrusion & Mfg. Co., 357 NLRB No. 8 (July 26, 2011). The board (Wilma Liebman and
Craig Becker, with Brian Hayes dissenting) adopted the administrative law judge’s finding, holding that an employer’s refusal to comply with a union’s request for information concerning current and former customers, job quotes, outsourcing, pricing structure, market studies and competitors was unlawful. It reasoned that the requested information was relevant to the employer’s asserted need for wage concessions.
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