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Wednesday, December 28, 2011

Union gets employer's records under Freedom of Information Law


Union gets employer's records under Freedom of Information Law
Matter of Quirk v Evans, 116 Misc.2d 554

When the Office of Court Administration resisted a union demand for documents it wanted in connection with its challenge to job classifications, the Union sued.

Supreme Court said the Union had a right to the information it sought to obtain under the Freedom of Information Law.

OCA is not “a court” and its records are not automatically exempt from disclosure.

In the federal sector, the Federal Labor Relations Authority held that the Union had a “special status” as an employee representative and therefore is entitled to information normally outside the (federal) Freedom of Information Act (8 FLRA 108)

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