Relevance of the requested information

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A labor agreement stated that the employer would not subcontract work "for the purpose of evading its obligations under the Agreement," but retained the right to do so provided that it did "not result in the termination or layoff, or the failure to recall from layoff, any permanent em- ployee qualified to do the work." On several oc- casions, the union sent letters requesting information about the employer's use of sub- contracting. The union cited its belief that sub- contracting by the employer had recently increased and that the failure to hire a replace- ment for a retired employee might be linked to subcontracting. However, the union had not filed a grievance alleging that the subcontracting pro- visions of the contract had been violated. The employer repeatedly questioned the relevance of the requested information and never provided it to the union. Did the employer violate the NLRA by failing to provide the requested information? (Disneyland Park, 350 N.L.R.B. No. 88 (2007))

Reference no: EM131006911

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