October 23, 2021

Volume XI, Number 296

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The NLRB's Acting General Counsel Wants To Access Your Company's Intranet

In preparation for bargaining of an initial cba, the Machinists' Union sent an extensive request for information to a DirecTV provider and installer in California. The request included a request for “access to the company intranet to the same degree unit employees have such access so the Union can review what material is available to all employees.” The Company refused and ULPs for refusal to bargain followed. In the proceeding before the Board, the NLRB's acting General Counsel sought summary judgment on all issues including the employer's refusal to grant the Union access to the company's intranet. 

Interestingly, despite the current Board's aggressive stance on social media, the Board refused to grant summary judgment on whether information posted on an employer's intranet is presumptively relevant for bargaining purposes. However, implicit in the Board's decision is that it would be prepared to rule on such an issue if it was provided a full record (as opposing to a summary judgment proceeding). The decision can be found here

This implicit invitation by the Board signals that a company's intranet information may soon become fair game for Union information requests and possibly opens the door for some of the other issues that we have previously discussed.

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume II, Number 133
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About this Author

Adam Bartrom Employment Attorney
Partner

Adam Bartrom represents management interests in employment and labor law matters. He defends clients in litigation, and designs strategic plans and best practices in his work with business owners, executives and human resource management. Adam is dedicated to ensuring that his clients understand the rapidly changing employment environment, adhere to the law and protect themselves at every turn.

Adam’s experience includes comprehensive legal counsel in a wide variety of labor and employment areas under the NLRA, FMLA, ADA, ADEA and Title VII, including labor relations grievances and...

260-425-4629
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