## Facts

- Detroit Edison Company used psychological aptitude tests to decide promotions to certain jobs.
- Several bargaining-unit employees were denied promotions after receiving “unacceptable” scores, while less senior employees from other units were promoted.
- The union filed a grievance alleging promotion decisions violated the collective bargaining agreement’s seniority provisions and sought information to prepare for arbitration.
- Detroit Edison provided some information but refused to disclose: (1) the test questions (test battery), (2) employees’ completed answer sheets, and (3) test scores tied to specific employees’ names.
- The employer asserted confidentiality was necessary to protect test integrity and employee privacy, noting that psychologists had promised examinees confidentiality.
- Detroit Edison offered to provide individually identified scores only if employees signed waivers; the union declined to seek waivers.
- An ALJ found the requested material relevant and proposed disclosure of test materials to an independent industrial psychologist selected by the union.
- The NLRB found the materials relevant and ordered Detroit Edison to provide all requested items directly to the union, with limits on use; the Sixth Circuit enforced the order.

## Issues

1. Whether Detroit Edison violated NLRA § 8(a)(5) by refusing to provide the union the test battery, answer sheets, and employee-identified scores requested for grievance arbitration.
2. Whether the NLRB abused its remedial discretion by ordering direct disclosure to the union despite substantial interests in test secrecy and employee privacy.

## Decision

- The Supreme Court, in a 5–4 decision, reversed the enforced Board order in relevant part.
- The Court held the NLRB abused its remedial discretion by requiring direct disclosure to the union of the test battery and answer sheets.
- The Court held it was improper to compel disclosure of scores linked to individual employees’ names without employee consent.
- The Court reaffirmed that employers must furnish relevant information under § 8(a)(5), but that relevance does not automatically require disclosure in the precise manner requested by the union.

## Legal Principles

- The § 8(a)(5) duty to furnish relevant information depends on the circumstances, including competing confidentiality and privacy interests.
- A union’s assertion that information is needed for grievance processing does not entitle it to all relevant information in the particular form it demands.
- The NLRB must balance the union’s representational needs against legitimate employer interests (e.g., protection of proprietary testing instruments) and employee interests (e.g., privacy in sensitive personal data).
- Ordering “wholesale” direct disclosure of confidential test questions and answer sheets can be an abuse of remedial discretion when disclosure would compromise test validity.
- Compelling disclosure of personally identified psychological test scores without employee consent can be improper where privacy and confidentiality commitments are substantial and accommodations (e.g., waivers or limited disclosure through a neutral professional) are available.

## Conclusion

The Court limited the NLRB’s authority to compel disclosure of sensitive testing materials and personally identified scores, holding that while relevant information generally must be provided under § 8(a)(5), the Board must reasonably accommodate test secrecy and employee privacy rather than require direct union access in every case.


Detroit Edison Co. v. National Labor Relations Bd., 440 U.S. 301 (1979)