In recent years, the Service Employees International Union the American Federation of State, County and Municipal Employees, and the Office and Professional Employees International Union have made substantial progress in organizing employees of nonprofit organizations. Unionization and collective bargaining give rise to specific issues in the nonprofit sector. Nonprofit employers should understand these issues in order to meet their legal obligations and continue to carry out their missions.
Access to Information
Under the National Labor Relations Act (NLRA), an employer has no obligation to answer requests for information related to the collective bargaining process unless and until a union wins an election or otherwise is recognized as the workers’ bargaining representative. This rule gives for-profit employers an information advantage during the early stages of union activity.
On the other hand, a union can obtain a great deal of information about a non-profit employer regardless of whether the union has won an election or has otherwise been recognized. An organization’s Forms 990 are subject to public disclosure and are usually available to anyone online. Moreover, depending on state freedom of information laws, the organization may be subject to Freedom of Information Act or state public information act requests. Many nonprofit organizations have community-based boards, and it is possible that individual board members who support labor might share information to...
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https://www.natlawreview.com/article/collective-bargaining-nonprofit-organiza...