Unit 9200

 

Employer’s Duty to Provide Information to the Union 
in a Disciplinary Proceeding

Published April 16, 2004.   A recent NYS PERB decision has reinforced the rights of public sector unions in New York with regard to obtaining information in disciplinary actions brought under contract disciplinary procedures.  This decision does not apply to disciplinary actions brought under Civil Service Law §75. 

A public employer has a duty to provide information relevant and necessary to a union’s administration of a collective bargaining agreement, including the investigation of grievances.  PERB held that a union seeking to challenge a termination had a need to review the employer’s investigation reports relating to the disciplinary action in order to decide whether to go forward with the grievance.  PERB stated that the union’s need for these documents outweighed the legitimate concerns that the employer raised about protecting the confidentiality of the complainants.  The Board ordered disclosure of the investigation reports that summarized the background of the complaint against the grievant and his statements to the investigator. 

The union’s right to be supplied with this type of background information on demand, in advance, to investigate disciplinary cases provides a strong tool in defense of employees.  It is important that Local and Unit representatives keep a record of the names of employees the employer interviews when investigating a disciplinary matter, so that once the case goes to arbitration, the CSEA attorney can demand and receive disclosure of all appropriate information.