In a recent NLRB Advice Memorandum, the Board’s Division of Advice dismissed an unfair labor practice complaint and held that before a union can request information from a non-union affiliated entity it must “present objective facts that support their belief that a [union and non-union entity] constitute a single employer.” Importantly, the Board held that a mere suspicion of a alter ego or single employer relationship is not enough to justify requiring the union employer to provide the union with information regarding its non-union affiliate.
