Detroit Edison Co. v. National Labor Relations Board

How later courts described this case

• determining employer “in resisting an unconsented-to disclosure” of the results of “psychological aptitude testing” did not violate the “statu- tory obligation to bargain in good faith,” and taking judicial notice of “the sensitivity of any human being to disclosure of information that may be taken to bear on his or her basic competence”
• holding that NLRB abused its discretion in requiring employer to release to union certain employee aptitude tests used to screen job applicants, in part because the “remedy selected by the Board does not adequately *314 protect the security of the tests”
• stating that “unless a party’s neglect to press an exception before the Board is excused by the statutory ‘extraordinary circumstances’ exception or unless the Board determination at issue is patently in excess of its authority, we are bound by it”
• holding that NLRB erred in requiring employer to disclose performance test scores of employees as information for collective bargaining, regardless of employee consent, because of the sensitive nature of the test scores

Written by the judges who cited it.