Under Title 5, United States Code (U.S.C.), Section 7114(b)(4), federal labor unions have the right to request information from federal agencies for the purpose of carrying out their representational duties. This provision is part of the Federal Labor-Management Relations program and outlines the rights and responsibilities of federal labor unions.
Specifically, Section 7114(b)(4) states that a federal labor union that is the exclusive representative of employees in an appropriate bargaining unit has the right to request and receive relevant information from the federal agency. The information requested must be necessary and relevant to the union’s duties as the bargaining representative.
However, there are some limitations to this right. The agency is not required to disclose information that is prohibited from release by law or that is privileged or confidential. Additionally, the agency may redact or remove any information that is considered sensitive or protected by law.
The request for information process typically involves the union submitting a written request to the agency, specifying the information sought and explaining its relevance to the union’s representational duties. The agency is generally required to provide the requested information unless a lawful exception applies.
RFI vs FOIA
A federal labor union may request information from the agency through two different types of requests: an information request and a FOIA request. The main differences between these two types of requests are the legal authority and the scope of information that can be obtained.
An information request is made under the authority of the Federal Service Labor-Management Relations Statute (5 U.S.C. § 7114(b)(4)). This statute provides that an agency must furnish to a union, upon request and to the extent not prohibited by law, data:
• which is normally maintained by the agency in the regular course of business;
• which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and
• which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining.
The information request process is generally less formal and less time-consuming than the FOIA process. The agency has an obligation to provide the requested information to the union within a reasonable time frame and at no cost to the union.
On the other hand, a FOIA request is made under the Freedom of Information Act (5 U.S.C. § 552). FOIA is a federal law that provides any person with the right to request access to federal agency records or information. FOIA applies to all federal agencies, including the executive branch, independent agencies, and some components of the legislative and judicial branches.
Under FOIA, any person, including a labor union, can request any record that is created or obtained by an agency, regardless of the form or format in which it is maintained. However, FOIA requests can be subject to fees, and agencies have specific timelines and procedures they must follow in responding to FOIA requests.
In summary, the main difference between an information request and a FOIA request is the legal authority under which the request is made and the scope of information that can be obtained. An information request is made under the Federal Service Labor-Management Relations Statute and allows for access to data reasonably necessary for collective bargaining. A FOIA request is made under the Freedom of Information Act and allows for access to any record or information created or obtained by an agency, subject to specific exemptions and fees.