employer had stated specific objection to furnishing information in the form requested and offered to discuss the request in light of the union’s needs and the employer’s interests, but the union refused to discuss the matter and went directly to the board
How later courts described this case
- employer had stated specific objection to furnishing information in the form requested and offered to discuss the request in light of the union’s needs and the employer’s interests, but the union refused to discuss the matter and went directly to the board
- parties stipulated that violence against the employees who returned to work during the strike occurred both during the strike and for an indeterminate period after the strike ended
- refusal to furnish employees' names without consent was proper when it was “establish[ed] beyond cavil that there was a clear and present danger of harassment and violence”
- refusal to supply employee names without employee consent not unlawful when company had well-founded fear that nonstriking employees would be harassed
Written by the judges who cited it.
The opinion
WILLIAM M. BYRNE
(concurring):
I concur in the result.
Although an employer has the “general obligation” of providing the Union relevant information in order that it may effectively represent the unit employees, N. L. R. B. v. Acme Industrial Co., 385 U.S. 432, 435-436 , 87 S.Ct. 565 , 17 L.Ed.2d 495 (1967), each case rests upon its own facts, “whether or not under the circumstances * * * the statutory obligation to bargain in good faith has been met.” N. L. R. B. v. Truitt Manufacturing Co., 351 U.S. 149, 153-154 , 76 S.Ct. 753, 756 , 100 L.Ed. 1027 (1956).
I agree with the Trial Examiner that, under the circumstances as shown by the *621 evidence in this case, including the General Counsel’s admission that the Union had not offered any assurance that confidentiality of the list would or could be maintained, the Company’s fear of harassment of non-union employees, reasonably justified its refusal to supply the list requested by the Union.