TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 113
is not required to furnish such information at the exact time or in
the exact mannei requested, it must be made available in a manner
not so but densome or time consuming as to impede the process of
bargaining "
In Peyton Packing," the employer was found to have violated section
8(a) (5) by delay ing 3 months in honoi ing the union's request
foi the dates of hire, NA age scales, and job classifications of employees
in the bargaining unit, and the only justification advanced was that
no job classification existed This was held no excuse for the employer's
failure to furnish piomptly "whatever data was obtainable,
especially data pertaining to the departments in which the employees
worked and the job functions which they performed " 45 Similarly,
in the Kohler case,5° unnecessary and unieasonable delay in furnishing
information concerning "incentive earnings" essential for bargaining
on wage inequities was found violative of section 8(a) (5)
However, in American Cyancumad,51 the Board found that the employer's
refusal to comply with the union's demancl for an unrestricted
right to have and use exact copies of job evaluation and job description
records for study and analysis outside the plant did not violate section
8(a) (5) under the particular circumstances The Board noted
that hero the employet had a legitimate economic interest in not publicizing
other information contained in these recoids concerning unique
manufacturing techniques and processes, that the employer openly
explained its position to the union, and that the union by its adamant
insistence on its right to have these recm ds on its own terms piecluded
a test of the employer s willingness to give the union access to the
information on mutually satisfact,my terms 52 It observed further
that the problem of establishing conditions under which these records
might be afforded the union in a manner satisfying the interests of
both was "a matter more pi operly to be iesolved at the bargaining
table rather than through the Boar d processes"
(a) Information as to inability to grant wage increase
When an employer claims financial inability to pay a demanded
wage increase, "his Ellin e to furnish on request substantiating fi-
47 Ibis!
48 Peyton Packing Co • Inc • 129 NLRB 1358
This employer was also held to base violated the section by its failure to furnish the
union with data on bonus Im plants, which the Board found to be an "integral part of
the Re..poutient's 1% lg. ,triirtilio • intlipr firm a disrretinn g n grntillt1 as contended by
the employer
" A hove, footnote 46
si American Cyanamid Co (Marietta Pieta), 129 NLRB 683
Cf Tunes Publishing Go, 72 NLRB 676, 688 (1947), where the Board noted that 9
union's attitude during bargaining may be such as to "remove the possibility of negotiation
and thus preclude the existence of a situation in which the em ployer's good faith can be
tested If it cannot be tested, its absence can hardly be found"