union request related to existing or potential grievance was within Sec. 7114(b)(4)
How later courts described this case
- union request related to existing or potential grievance was within Sec. 7114(b)(4)
- union request related to existing or potential grievance was within § 7114(b)(4)
Written by the judges who cited it.
The opinion
MINER, Circuit Judge,
dissenting:
While I concur in the well-reasoned conclusion that the union is not entitled to the benefit of the “presumptive relevance” doctrine, I cannot agree that the need for the information sought was conveyed adequately to the agency. In each of the four instances involved in this case, the union made written demands for voluminous, “unsanitized” personnel records. The information was characterized only as “necessary and relevant” for the union to “fairly and adequately represent the interests of the employees.” The only other hint of the basis for the request was the union’s reference to 5 U.S.C. § 7103 (a)(9) (definition of grievance), 5 U.S.C. § 7114 (representation rights and duties) and Article 24 of the collective bargaining agreement (grievance procedures). The union adamantly refused the agency’s requests for further details.
Only data “necessary for full and proper discussion,” 5 U.S.C. § 7114 (b)(4)(B) (emphasis supplied), need be furnished to a public employee labor organization. That it was impossible for the agency to make any determination regarding the need for the information sought is patent from an examination of the demands. Rather than furnish some meager justification in response to the agency’s request for additional particulars, the union chose to “stonewall” in an effort to test the outer limits of its statutory right of access to agency data. The reasons for its pursuit of personnel records implicating Privacy Act considerations never were revealed. Because of that omission, the authority found that the agency was unable to make an informed judgment as to whether, or to what extent, the data was necessary for collective bargaining purposes. Accordingly, the authority found no illegality in the agency’s refusal to provide the records.
Because the agency’s determination cannot be said to be arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, 5 U.S.C. §§ 706 (2)(A), 7123(c); New York Council, Association of Civilian Technicians v. FLRA, 757 F.2d 502, 507 (2d Cir.), cert. denied, — U.S. —, 106 S.Ct. 137 , 88 L.Ed.2d 113 (1985), I respectfully dissent.