Disclosure of information for collective bargaining: the CAC approach revisited

Abstract

The flow of information is essential for communication, joint consultation, and collective bargaining at work. Though there have been developments in various aspects of the law on disclosure of information by employers to employees and their representatives in certain specific areas, the general obligation to disclose information for collective bargaining remains largely as it was introduced in the early 1970s. This article updates earlier research and considers the development of the law in a changed industrial relations context. Accordingly, it reviews the present legislative provisions on information disclosure for the purposes of collective bargaining. This is followed by an analysis of the approach of the Central Arbitration Committee to dealing with complaints relating to the failure to disclose information. Though the law has had some positive effect, significant shortcomings are identified and discussed. By way of conclusion, some observations are made on possible ways forward and the potential influence of information disclosure on collective bargaining and joint consultation at work.

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