Public Service Co. v. National Labor Relations Board

**Union's Right to Employee Information Partially Upheld** This case involved a dispute between Public Service Company of New Mexico (PNM) and a labor union over access to employee disciplinary records. The union requested information about disciplinary actions taken against both union and non-union employees, arguing they needed this data to properly represent their members. PNM refused to provide some of the requested information or unreasonably delayed in turning it over. The National Labor Relations Board (NLRB) initially ruled that PNM violated federal labor law by not providing the information promptly. PNM appealed this decision to the federal appeals court. The Tenth Circuit Court of Appeals reached a split decision. The court agreed with the NLRB that PNM wrongfully delayed providing disciplinary information about union employees. However, the court sent the case back to the NLRB to reconsider whether PNM must provide disciplinary records of non-union employees, noting that PNM had failed to properly argue certain points earlier in the process. This ruling reinforces that employers generally must provide unions with relevant information needed to represent workers, but the exact scope of what information must be shared can vary depending on the specific circumstances and legal arguments presented.