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The Bargaining Table

Nota Bene: NLRB Reaffirms That Bargaining Notes Generally Are Exempt from Disclosure

Paul Levine Presents at First International Federation for Investment Law and Arbitration Annual Conference

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Summer Clerk R.J. Sanfilippo authored this blog post.

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In a June 1 decision, the National Labor Relations Board (NLRB or the Board) reaffirmed that bargaining notes generally are exempt from disclosure under the National Labor Relations Act (NLRA) Stericycle Inc., 374 NLRB No. 121 (2026) (Stericycle II). For employers engaged in collective bargaining, the decision preserves an important protection for negotiation-related materials and confirms that a union ordinarily may not compel production of an employer’s bargaining notes through an information request.

The dispute in Stericycle II arose from the parties’ disagreement over attendance-related discipline. During the course of that dispute, the union submitted multiple information requests seeking documents in the employer’s possession. Stericycle objected to one request seeking bargaining notes “concerning or relating to discussions of administration of attendance discipline during negotiations,” maintaining that such notes were not subject to disclosure. Applying the Board’s earlier decision in Stericycle, Inc., 370 NLRB No. 89 (2021) (Stericycle I), the administrative law judge held that the requested bargaining notes were exempt from production.

The union sought reconsideration, urging the Board to revisit that holding. The Board majority – more specifically, recent President Trump appointees James Murphy and Scott Mayer – declined to do so, leaving the exemption intact. Member David Prouty – first appointed by President Joseph Biden – dissented and would have overruled Stericycle I, concluding that the refusal to produce the notes constituted an unfair labor practice. The majority’s decision, however, confirms that the Board continues to treat bargaining notes as a protected category of material not ordinarily subject to disclosure obligations under the NLRA.

Key Takeaway: Employers that bargain with unions should view Stericycle II as reaffirming that bargaining notes generally remain outside the scope of a union’s information request rights. That protection, however, does not eliminate the need for care. Notes should be prepared with the expectation that they may later become the subject of dispute, and employers should exercise discipline before recording strategy, impressions, or other sensitive commentary in bargaining materials.

The ruling also underscores that this protection is reciprocal: Employers likewise should not expect unions to be required to produce their own bargaining notes.

When faced with union information requests – particularly those seeking negotiation-related materials – employers should evaluate their obligations carefully and consider seeking counsel before responding.

BakerHostetler’s Labor and Employment Practice Group is available to assist employers with NLRA compliance, bargaining strategy issues, information request disputes, and the Board’s evolving labor law landscape.

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