The Decisions of the National Labor Relations Board

Northern Indiana Public Service Company and Local Union No. 12775, United Steelworkers of America, a/w United Steelworkers of America, AFL– CIO–CLC. Case 25–CA–28040–1 May 31, 2006 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER The issue presented in this case is whether an employer must comply with a union’s request for a copy of notes of interviews conducted by the employer in investigating a bargaining unit employee’s complaint of threatening conduct in the workplace. We find that in the circumstances presented here the Respondent did not violate the Act by refusing, on the basis of confidentiality, to furnish the Union with the interview notes at issue. Facts On August 27, 2001, Northern Indiana Public Service Co. (NIPSCO or the Respondent) employee Randy Chaplin complained to his union representative, James Blythe, that Chaplin’s supervisor, Patrick Long, behaved in a threatening manner toward Chaplin and other employees. In one incident on July 27, according to the later-filed formal grievance, Long allegedly approached Chaplin and stated, “Peace, love, and understanding, and then you empty the clip,” while pointing his finger at Chaplin as if it were a gun. Blythe informed NIPSCO management of Chaplin’s concerns, and Chaplin and