Detroit Edison Co v NLRB

The union claimed that it had the right, for collective bargaining, to information about the employer’s testing program. It had a test battery the employer used, and scores of individual employees. There was a grievance over whether an employer breached a seniority clause in a collective agreement, hiring outside instead of internal promotions.

The Supreme Court, 5 to 4, struck down the National Labor Relations Board order giving the union the access to data. Providing individual test scores went too far, and should only be available with individual employee consent.

Stevens, White, Brennan, Marshall J dissented.

• US labor law