Kenneth Dolin Published in the National Law Journal
“When Unions Request Grievance Hearing Info”

Kenneth Dolin's article, "When Unions Request Grievance Hearing Info,” was published in the March 1, 2010 issue of the National Law Journal. In his article, Ken discusses how employers generally must provide unions with witness names, but not with witness statements. According to Ken, Section 8(a)(5) of the National Labor Relations Act imposes on an employer the general obligation to furnish a union, on request, information relevant and necessary to the proper performance of its duties as bargaining representative, including information requested to process a grievance. Ken explains, "in the context of a discharge or other disciplinary grievance, the National Labor Relations Board generally finds that an employer acts unlawfully by failing or refusing to provide, upon a union's request, complete copies of a grievant's personnel file; copies of applicable work rules; a list of names, addresses and telephone numbers of bargaining-unit employees; and a statement setting forth the reasons for the discharge." Ken also points out that "an employer has a general duty to provide witness names if requested by a union when processing a grievance, although it may lawfully withhold written statements from disclosure, even without specific proof of a charge of harassment of those witnesses."