Friday, August 05, 2011

Union's right to obtain information


Union's right to obtain information
Schuyler-Chemung-Tioga Educational Asso., 34 PERB 3019

The Public Employment Relations Board concluded that it was an improper practice for the Schuyler-Chemung-Tioga BOCES to refuse to provide the Educational Association with information it said it required in connection with its investigation of a possible grievance.

Although PERB noted that it had ruled that a refusal to provide information may result in a charge alleging “a refusal to negotiate” under Section 209-a.1(d) of the Taylor Law, such a refusal may also constitute a violation of Section 209-a.1(a) of the Act.

In the words of PERB “[t]he [employer's] denial of a reasonable demand for information which is relevant to collective negotiations, grievance adjustment, the administration of a collective bargaining agreement, or the resolution of an impasse ... impairs the union's ability to effectively represent the interests of employees in the unit.

The duty of the employer to provide the union with such information is not unlimited, however. The duty to provide information in the context of a grievance procedure is circumscribed by the “rules of reasonableness,” including the burdensomeness of the request, the availability of the information through other sources, the relevancy of the information and its necessity.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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