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cases/29usc158/f2d-841-141-usps.case

Source: cases/29usc158/f2d-841-141-usps.case

Case source: https://www.neochart.com/catalog/cases/f2d/volume_841/0141_01/index.html

Verbatim annotated passages

Generally, an employer’s duty to bargain collectively established in § 8(a)(5) of the National Labor Relations Act , obligates it to provide a labor union with relevant information necessary for the proper performance of the union’s duties as the employees’ bargaining representative.
Therefore, we find that the union’s interest in the disclosure of the information is relevant to its duty to provide loyal representation and is not outweighed by the Postal Service's interest.

Exact source text

casedsl 1

case /f2d/841/0141-01
  name National Labor Relations Board v. United States Postal Service
  cite 841 F.2d 141 (1988)
  court United States Court of Appeals for the Sixth Circuit
  date 1988-03-02
  url catalog/cases/f2d/volume_841/0141_01/index.html
  source ir/caselaw/f2d_841.jsonl sha1=fba2594935ae542f529d4241caabe5ac45f5abc3 chars=21347

law 29usc158 (a)
  role applied
  posture Board enforcement proceeding over requested identities of union officers seeking supervisory posts; disclosure/privacy and relevance objections resolved.
  result claimant-won

element refusal-to-bargain : satisfied [law]
  scope merits
  variant information/refusal-to-identify-potentially-conflicted-representatives
  theory information disclosure
  fact @6651..6837 [supports] | Gene Cole, the Detroit MSC’s Postmaster, responded by letter and refused to provide the union with the information until its relevance to the collective bargaining process was explained.
  rule @8875..9159 | Generally, an employer’s duty to bargain collectively established in § 8(a)(5) of the National Labor Relations Act , obligates it to provide a labor union with relevant information necessary for the proper performance of the union’s duties as the employees’ bargaining representative.
  held @17562..17755 | Therefore, we find that the union’s interest in the disclosure of the information is relevant to its duty to provide loyal representation and is not outweighed by the Postal Service's interest.
  gloss The duty is applied to specific relevant information; relevance and the employer’s privacy interests are balanced, not assumed from every union request.

misfit Privacy Act and loyal-representation conflict questions are companion doctrines absent from the small LAW vocabulary; they qualify this refusal-to-bargain variant rather than becoming universal extra elements.
misfit Result is from the perspective of the General Counsel or charging party asserting the employer unfair labor practice, not from the employer-petitioner’s appellate position.