Information Requests. Melissa Baumann NFFE FS Council Grievance Committee Modified for Reno Training, 10/03 by J.R. Obst. The Statute: 5 USC 7114(b)(4). Agencies must furnish information that is: normally maintained in the regular course of business;
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NFFE FS Council
Modified for Reno Training, 10/03
by J.R. Obst
(The Union orally or in writing simply states what documents it wants.)
But, many agency managers “play it by the book;” others are uncooperative. Info requests must then strictly adhere to the statute and case law.
(Hard not to do, but it will come out sooner or later, anyway.)
By author, date, subject, etc.
When asked for information which “the agency used to determine discipline” the agency withheld information that would have helped the employee. (“Didn’t use that!” they said.)
For discipline and performance cases, be sure to ask for all “exculpatory evidence.”
If the Agency does not give the Union its reasons for denying disclosure of information, this is a refusal to bargain in good faith (5 USC 7116(a)(1) and (5)), even if the Union is not entitled to the information for a valid reason.
If the agency does not properly respond to an information request, an Unfair Labor Practice Charge (or grievance) may be filed.
Must pay for information
Access for anyone in public
Request goes to FOIA officer, no connection with labor issues
“Reasonable” time limit
Access limited to Unions
Labor relations officer respondsFOIA Labor Statute
Union must enforce
No status quo ante
Remedy via ULP process – no cost
FLRA assistance in enforcement
Pre-charge in working with Agency and Union
Litigating ULP complaint
Status quo ante in all cases, and non-traditional remedies in appropriate casesFOIA Labor Statute