In general, MCO is entitled to information controlled by the employer which MCO believes it needs in order to administer the contract and for use in the grievance and arbitration procedure.

 

MCO has the right to receive information to:

 

• Prepare a grievance case.

 

• Determine whether to arbitrate a case.

 

• Prepare for arbitration.

 

Types of Information to Which You Are Entitled:

 

• Job descriptions and job evaluation information

 

• Seniority lists

 

• Video, pictures, and log entries.

 

These are only examples. You may also have access to more. This information should be requested though the facility administration, investigator, or MCO legal department.

 

Note: The employer cannot refuse to supply information because it could be obtained from the members themselves. Although members might supply the information, the employer is still required to provide it to MCO.

 

When and how the employer must furnish information;

 

MCO must request the information under Article 9.

 

If information is complicated, the employer must provide it in written form. Sometimes they can just report orally without providing it in writing, or they can let a representative of MCO view and copy the information. Request information in written form on a blank piece of paper or MCO stationary (not on State of MI email or State of MI memo).

 

The employer is not required to provide information in the exact form requested by MCO, especially if it would be very expensive or burdensome to assemble the information as requested.

 

How long can the employer delay before providing the information? One decision held that a 15-day delay was not untimely. However, other decisions have ruled that a 45-day, 2 month and 5-month delays were unlawful.

 

Management must supply the information even if the contract is silent.

 

You have a right to access information by law. Under the National Labor Relations Act, Section 8(A) (3) (duty to bargain), an employer has an obligation to provide the union access to information. Additionally, MCO's Contract, Article 9, states the employer must provide information requested for the purpose of investigating possible contractual violations. MCO stewards or the members they represent should not take anything from the worksite without permission of the facility. A request can be made to the facility administration or investigator. Also, a FOIA request can be made through the facility on a blank piece of paper or through MCO Central Office.

 

Note: If the employer refuses to provide information or delays in the production, a grievance can be filed under Article 9. First, though, contact MCO Central Office for assistance.