Are union negotiations confidential?

HCA · August 2003

Maybe I'm dense, but I was always trained that negotiations are conf. We are a govt. employer so almost everything we do is public. But I thought this was an exception. Now I have someone telling me otherwise. Who's right?

Don D · August 2003

In my opinion it depends on which side of the fence you are on. I've been told that for the company, all information up for ratification by the membership is confidential to the extent that management can make no moves to slant it one way or the other in the minds of the voters. In other words, muy understanding is that prior to ratification the company can make no effort to influence the vote. But, as far as the union and those eligible for its coverage, they can talk about the negotiations as much as they like prior to ratification. As to the results, once ratified and the content of negotiations, I suppose it's not legally confidential but I would not want the NLRB breathing down my neck for floating information around as to what the Union Genuises in the negotiations passed up or tabled or did not accept or what never reached the voters. Some would say that would be a company sabotage of the union's efforts and credibility. This is by no means a legal opinion and is only mine,

Hunter1 · August 2003

Probably depends on your state law. In WI, the first, proposal exchange, meeting has to be open to the public, but after that the parties can agree to negotiate either in open or closed sessions. I generally try to agree with my unions to keep things confidential until we reach impasse, and then both parties are free to 'go public'. (We generally don't)

HCA · August 2003

Our laws just saw that we have to bargain in good faith. But we have always deemed our negotiations confidential UNTIL a contract is signed. Then the contract itself would be available for public review (upon request). But our city (we are county) always has their bargaining info in the newspaper as they go, and it always amazes me.

Don D · August 2003

The 'good faith' issue is the one likely to bite you if you discuss the negotiations. The union is free to discuss and publish them as you go along, but as soon as you do something similar, you're cited for not bargaining in good faith. Trial balloons and 'a statement made on the condition of anonymity' can be useful at the right times.

JKlink · August 2003

It also depends on what you have written in your "Ground Rules" -- rules governing how the negotiations will be conducted.

Hunter1 · August 2003

Amazes me, too, but the public is, in many cases, not particularly in favor of public employees getting more pay, benefits, etc, so maybe the city is on to something. The union(s) will not ask for outlandish things or take unreasonable positions if they know they're going to be published in the local paper. Again, in WI, we could do that, by either agreeing to bargain in open session, or just not agreeing to keep things confidential, but I don't think that's the way to bargain.

Crout · August 2003

What usually happens with us is that we maintain confidentiality while the union folks walk around blabbing about the negotiations. When I get the inevitable calls from the employees to substantiate the rumors I cite the fact that I am obligated to maintain confidentiality.

pecohr · August 2003

I'm curious, what if the information floating around is blatantly incorrect or the Union is only giving out portions of the info?

Don D · August 2003

>I'm curious, what if the information floating around is blatantly
>incorrect or the Union is only giving out portions of the info?

It is a given that if the union is passing along the information it is either blatantly incorrect or they are only giving out portions of the info, or both. It's like a judge's gag order. Only half the group is gagged.

Whatever · August 2003

We have a different problem..the union never gives out information to the employees about the negotiations. However, somehow (but never from me), the information gets out. And sometimes, the information is even accurate.

WT · August 2003

There are two parts of confidentiallity. First is what is told staff inside and second is what the general public will be told. Staff can be told whatever both sides agree to. This can be anything from opening positions only to daily details. In my experience, it is better to keep the blow by blow accounts at the table as negotiations do have their ugly side.

As far as the general public, in this state, there is no right for the general public to know about negotiations. This would be under the Freedom of Information Law. It would depend on the law in your state but I believe many laws do not require disclosure of negotiations for obvious reasons. Think of the other side of the table requesting info on your caucus where you decide what the bottom line will be.

Cotterwood · August 2003

We are a Public Utility District in CA.
Our Union negotiations are strictly confidential, with only the Union Reps, Stewards, and 3 Mgmt. present. Union members are, of course, informed of all proposals during the negotiations process - they have to vote on them. Only after ratification, is the contract available for review (upon request) to the general public. I have shared ratified contracts with other local agencies, as they have with me.

Hope this info is of some help.

Are union negotiations confidential?

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