Can my employer give out my name and address to a union representative without my knowledge or my approval?

Posted 10-01-2014

Ann Kiernan replies:

If there is a union election coming up at your workplace, federal law says that the employer must give the union the names and home addresses of everybody eligible to vote. That way, according to the National Labor Relations Board, the employer and the union have equal access to the voters. This list, called the Excelsior list after the case that established the rule, is a way to ensure that employees are informed about the arguments both for and against the union. Excelsior Underwear Inc., 156 NLRB 1236 (1966). In March, 2014, the NLRB proposed new regulations that would expand the Excelsior list to include eligible voters’ e-mail addresses, telephone numbers, job classifications, locations, and shifts, and would require employers to provide Excelsior lists in electronic format.

Thanks for the interesting question.

 

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.

2016-11-18T16:00:38+00:00

About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.