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FLRA General Counsel Issues Guidance On Information Requests

Julia Akins Clark, General Counsel of the Federal Labor Relations Authority (FLRA), today issued to the public, and posted on the FLRA website, Guidance on Union requests for information from Federal agencies. The Guidance is intended to assist the parties, both Union and management, in determining their rights and obligations regarding information requests related to their collective-bargaining responsibilities under the Federal Service Labor-Management Relations Statute (Statute). The Guidance focuses on the application of the “particularized need” standard, as interpreted by the FLRA, which requires a Union to establish a “particularized need” for the information it requests from a Federal agency. It describes the meaning of this requirement, and what the consequences are if the Union does or does not establish such a particularized need. In addition, it briefly addresses the application of the Privacy Act to Union information requests under the Statute. Finally, it provides examples of cases where the FLRA has found that a Union has and has not met the “particularized need” standard. And attached to the Guidance are two model forms drafted by the Office of General Counsel, a model form for requesting information, and a model form for responding to such a request.  The press release announcing the issuance of the Guidance can be found here.