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Question
MetroTech Fabricators, a private manufacturing firm with 180 employees, has a certified bargaining agent for 1 year. Six weeks before the expiration of the current collective bargaining agreement, management issues a memo stating that the company will not disclose to the union certain information needed for bargaining, including (i) payroll data by department and wage components, (ii) overtime cost breakdown by shift, (iii) current bonus plan structure and criteria, and (iv) the latest job evaluation standards used for pay scales. The union files a petition for unfair labor practices with the NLRC.
(a) Identify the controlling doctrine that protects workers’ right to self-organization and collective bargaining, and the employer’s duties toward workers under this doctrine.
(b) Assess whether management’s refusal constitutes unfair labor practices or a valid management prerogative, explaining your reasoning.
(c) If the action is an unfair labor practice, what remedies may be sought by the employee and/or the union, and who has standing to sue?