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    Labor Management Relations Glossary

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    Under § 7114(b)(4), the union, to the extent not prohibited by law (e.g., the Privacy Act), is entitled, under certain circumstances (see PARTICULARIZED NEED), to data "for full and proper discussion, understanding, and negotiation of subjects within the scope of bargaining[.]" The agency must provide that information free of charge. 10 FLRA No. 78. "Furthermore, it is well-settled in both private and public sector labor law that this obligation applies not only to information needed to negotiate an agreement, but also to data relevant to its administration." AFGE Local 1345 v. FLRA, 793 F.2d 1360 (D.C. Cir. 1986). See 50 FLRA No. 86 and 51 FLRA No. 26 for the analytical approach the Authority takes in dealing with union requests for information under section 7114(b)(4)--i.e., on whether the union has established a "particularized need" for the information and whether the agency has asserted any "countervailing interests," such as the Privacy Act. Also see 56 FLRA No. 19 on the consequences of failing to assert a countervailing interest in response to the union request for information.

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