CenturyTel of Montana, Inc. v. NLRB
Split Score
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Case Summary
Disposition
Affirmed
CenturyTel of Montana petitioned for review of an NLRB order finding it violated §§ 8(a)(5) and (1) of the National Labor Relations Act by refusing to provide the union with information about non-union technicians allegedly performing bargaining-unit work. The Twelfth Circuit (sitting as the D.C. Circuit panel) held that substantial evidence supported the Board’s conclusion that the requested information was relevant and that the employer therefore had a duty to furnish it, denying the petition and enforcing the order.
Circuit Split Identified
Legal Issue
Whether a union must present objective evidence of relevance at the time it requests information about non-unit employees from an employer, or may the General Counsel establish relevance later at an unfair-labor-practice hearing.
Circuit Positions
Union need NOT provide objective evidence of relevance at the time of the request; the General Counsel may prove relevance at the ULP hearing.
Union MUST provide factual evidence showing relevance at the time the information is requested.
Conflict Summary
The Third Circuit requires a union to provide factual support for the relevance of the information when it makes the request (Hertz Corp.), whereas the Fifth, Seventh, and Twelfth Circuits follow longstanding Board precedent that the union need not do so; relevance may be demonstrated during subsequent ULP proceedings.