CenturyTel of Montana, a subsidiary of Lumen Technologies, has a collective bargaining agreement with the International Brotherhood of Electrical Workers, Local Union 768, representing employees in northwest Montana. The agreement includes a letter of understanding regarding crossing jurisdictional boundaries, stating that non-union employees may only work within the Union's jurisdiction when no Union employees are available or during emergencies. In August 2021, the Union sent an information request to CenturyTel asking for details about non-union National Technicians working in the Union's jurisdiction, including the number of technicians, the duration of their work, and their job descriptions. The Union stated the information was necessary to monitor the collective bargaining agreement and investigate potential grievances. CenturyTel's regional manager, John Bemis, called the Union's business manager, George Bland, and admitted that two National Technicians had worked in the area. However, CenturyTel subsequently refused to provide the full information, arguing the request was outside the scope of the Union's jurisdiction because the technicians were not part of the bargaining unit. The Union filed an unfair labor practice charge, and an Administrative Law Judge found that CenturyTel violated the Act by failing to bargain in good faith. The NLRB affirmed the ALJ's decision, and CenturyTel petitioned the D.C. Circuit for review.
The court analyzed whether the NLRB's finding that CenturyTel violated Sections 8(a)(5) and (1) of the National Labor Relations Act was supported by substantial evidence. The legal doctrine at play is the employer's duty to provide information that is relevant to the Union's performance of its duties as the exclusive bargaining representative. While a union must generally establish a reasonable belief that the information is relevant, the threshold for relevance is low, operating under a discovery-type standard where probable or potential relevance is sufficient. The court emphasized that the relevance of the information request is examined as of the time of the demand and refusal. The court found that the Union had demonstrated a reasonable belief of relevance based on the August 10 phone call where Manager Bemis admitted that National Technicians had worked in the Union's jurisdiction. The court deferred to the NLRB's credibility determinations regarding this call, noting that the employer's admission put them on notice that the Union was seeking information to protect unit work from diversion. The court rejected CenturyTel's argument that the Union failed to provide objective evidence at the time of the request, citing longstanding precedent that a union is not obligated to disclose the factual basis for its request at that time, provided the General Counsel can demonstrate the reasonable belief at the hearing. The court also addressed CenturyTel's procedural challenges, noting that the employer forfeited arguments regarding the admission of evidence at the hearing and due process violations by failing to raise them in exceptions to the NLRB's Decision. The court concluded that the Board's findings were supported by substantial evidence, including the phone call, prior grievances, and reports from other unions, which collectively established the relevance of the requested information.
CenturyTel must comply with the NLRB's order to cease and desist from refusing to bargain, provide the requested information regarding non-union technicians, and post a notice describing the violation. The decision reinforces the principle that employers cannot refuse information requests from unions regarding non-union employees working in bargaining units without a valid basis, and that the employer's own admissions can establish the relevance of such requests. The ruling clarifies that unions do not need to provide objective evidence of relevance at the time of the initial request, as long as they can demonstrate a reasonable belief at the hearing. The case is remanded to the NLRB for enforcement of the order.