Is a union entitled to information about its members?

A union asks the employer to provide an up to date list of bargaining unit employees with contact information or information about their wages and benefits. Does the employer have to provide this informations?

1. During contract negotiations--yes
Governor and Company of Adventurers of England Trading into Hudson's Bay -and- UFCW Local 1518 BCLRB B226/2004

In a 2004 decision the Labour Relations Board ruled that refusing to provide a union with the list of employees and their wages and benefits was a breach of the duty to bargain in good faith. The union had requested the information during the course of collective bargaining and when the employer refused, alleging that the Personal Information and Protection of Privacy Act (PIPA) prevented it from doing so, it filed a complaint with the Labour Relations Board.
The Board agreed with the union and ordered that the information be provided. The decision can be found at:
http://www.lrb.bc.ca/decisions/B226$2004.pdf

2. During the term of a collective agreement --yes

In P. Sun's Enterprises (Vancouver) Ltd. (Hotel Grand Pacific), BCLRB No. B301/2003 the union had requested a list of employees and their home address and home telephone number. The employer refused arguing that the union had other ways that it could obtain the information. The Board was of the view that the in order to carry out its statutory obligation of representing its members a union has to have the ability to communicate with its members. Where it is relatively easy and inexpensive for an employer to provide the information requested and where the only reason for denying the information is concern about employee privacy, an employer must provide that information otherwise it risks committing an unfair labour practice.

The decision can be found at
http://www.lrb.bc.ca/decisions/B301$2003.pdf

For more information about employee personal information and obligations under BC privacy legislation, check out the Office of the Information and Privacy Commissioner website at: http://www.oipc.bc.ca/