G. Collective bargaining records

We know of no statutory provision or reported case law regarding public access to this category of records.

Certain records relating to collective bargaining between public school districts and public school teachers must be made available to the public, including initial proposals, last-best-offer proposals, tentative agreements before ratification, and final agreements reached by the parties. AS 23.40.235.

No reported decisions.

There is no specific exemption in the FOIA for these records, and the act’s personnel exemption cannot be stretched so far as to reach them. Statutes regarding labor and industrial relations are also silent on the issue. However, the records of the State Mediation and Conciliation Service are expressly made confidential, Ark. Code Ann. § 11-2-204, as are records obtained from employers or employees by the Employment Security Division of the Department of Labor. Ark. Code Ann. § 11-10-314.

Tactics and strategy records are exempt. Other records are public. Cal. Gov't Code §§ 7928.405, 7928.410 & 7926.220(a)-(d).

Open. No specific exemption is provided for collective bargaining records in the Open Records Act or any other statute.

See Conn. Gen. Stat. §1-210(b)(9) as discussed above in Records Outline at II.A.2.i.

Collective bargaining records are exempt. 29 Del. C. § 10002(o)(8).

The financial data and trade secret exemption, D.C. Code Ann. § 2-534(a)(1), may apply. Generally, however, under D.C. Code Ann. § 2-536(a)(6), information in or taken from any contract dealing with the receipt or expenditure of public or other funds by public bodies must be disclosed.

Work product by a public employer made in preparation for and during negotiations is exempt from the Public Records Law, Chapter 119. Fla. Stat. § 447.605(3) (2020). In addition, discussions between a chief executive officer and the legislative body or public employer relative to collective bargaining are exempt from disclosure requirements of the public records law. Fla. Stat. § 447.605(1) (2020). However, proposals and counter proposals presented during the course of collective bargaining are not exempt. Compare Inf. Op. Att’y Gen. Fla. to Dr. Gus Sakkis (July 7, 1969) (the Legislature did not intend section 447.605(3) to exempt budgetary or fiscal information from the purview of Chapter 119), with Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976) (ordering working papers used in preparing a college budget produced for inspection by a labor organizer).

The Act does not exempt collective bargaining records.

Collective bargaining information is not exempt from disclosure. (1996 and Supp. 1999).  See also Attachments to Collectively Bargained For Workers’ Compensation Benefits Agreement, OIP Ltr. No. F17-01 (Oct. 12, 2016) (requiring disclosure of all attachments to collectively bargained-for workers’ compensation addendum).

Collective bargaining records are not specifically exempt under Idaho law. However, deliberations concerning labor negotiations may be held in executive session, and the records of such proceedings would likely be viewed as nonpublic. Idaho Code § 74-206(1)(j).

Closed except for final contracts. See 5 ILCS 140/7(1)(p).

The Access to Public Records Act does not specifically address collective bargaining records. However, under the Open Door Law, a public agency may meet in executive session to discuss collective bargaining strategy, Indiana Code Section 5-14-1.5-6.1(b)(2)(A), and records prepared for or developed during discussion in executive session may be withheld. Ind. Code § 5-14-3-4(b)(12).

Pre-negotiation materials developed to affect an employer's bargaining position are confidential. 76 Op. Att'y Gen. 514, 519 (March 18, 1976). Negotiating sessions, strategy meetings, mediation and deliberation of arbitrators are exempt. Iowa Code § 20.17(3). Bargaining sessions, however, are open to the public; and the terms of a proposed agreement must be made public. Iowa Code § 20.17(3), (4).

The records pertaining to employer-employee negotiation are exempt from disclosure. K.S.A. 45-221(a)(15). But see State Dep't of Soc. & Rehab. Servs. v. Pub. Emp. Relations Bd., 249 Kan. 163, 815 P.2d 66 (1991).

Collective bargaining records are presumptively open, but an agency may be able to withhold them under Ky. Rev. Stat. 61.878(1)(i) or (j), which apply to certain preliminary records, while collective bargaining negotiations are ongoing.

Statute does not specify.

Proposals and other records prepared by a public agency for negotiations with an organization of its employees are not available until the negotiations have been concluded. 1 M.R.S.A. § 402(3)(D).

The PIA does not specifically address these types of records; however, under § 3-305(b)(9) of the Open Meetings Act, a public body is permitted to hold a closed session regarding collective bargaining issues. Further, under § 4-354, a custodian may not deny inspection of any part of a public record if the record relates to a matter that is the subject of collective bargaining negotiations between the exclusive representative and the University of Maryland University College.

Not covered in exceptions to Public Records Law but they are normally not available at least until an agreement is reached.

Presumably open. But see Traverse City Record Eagle, 184 Mich. App. 609, 459 N.W.2d 28 (1990) (tentative collective bargaining agreement between school district and unions exempt from disclosure because it was a message from school board and union representatives to their respective bodies, advisory in nature, and premature disclosure would have negative impact on negotiation process).

If not presented during the collective bargaining process, information collected to prepare management's position—and the position itself—is private. Minn. Stat. § 13.37, subds. 1(c) and 2(a).

Open.

Any records relating to preparation on behalf of a public governmental body or its representatives for negotiations with employee groups, including any discussions or work product, may be closed. Mo.Rev.Stat. § 610.021(9).

Open.

"Records which represent the work product of an attorney and the public body involved which are related to preparation for litigation, labor negotiations, or claims made by or against the public body, or which are confidential communications as defined in section 27-503 [attorney/client privilege]" are exempt from disclosure. Neb. Rev. Stat. §84-712(05)(4).

Presumably open.

Exempt. Appeal of Town of Exeter, 126 N.H. 685 (1985); cf. Talbot v. Concord Union Sch. Dist., 114 N.H. 532 (1974).

All final collective bargaining contracts with public employees are public records. N.J.S.A. 34:13A-8.2. The records of a mediator or arbitrator in a public employee labor dispute may be kept confidential. N.J.S.A. 34:13A-16.

Certain portions are probably confidential.  Under the Open Meetings Act, NMSA 1978 § 10-15-1(H)(5), collective bargaining meetings are closed.  See also City of Las Cruces v. Public Employees Labor Relations Bd., 1996-NMSC-024 (representation petitions are confidential).

An agency may deny access to records or portions thereof if disclosure would impair collective bargaining negotiations. N.Y. Pub. Off. Law § 87(2)(c) (McKinney 1988). See also Kheel v. Ravitch, 62 N.Y.2d 1, 464 N.E.2d 118, 475 N.Y.S.2d 814 (1984) (denying access to internal memo on prospective collective bargaining negotiations based on interagency exemption).

There are no records relating to collective bargaining by public employees in North Carolina. G.S. §§ 95-97 and 95-98 prohibit public employees from joining unions or engaging in collective bargaining.

A governing body may hold an executive session to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator regarding litigation, adversarial administrative proceedings, or contracts, which are currently being negotiated or for which negotiation is reasonably likely to occur in the immediate future. N.D.C.C. 44-04-19.1(9). The executive session may be held only when an open meeting would have an adverse fiscal effect on the bargaining or litigating position of the public entity. N.D.C.C. 44-04-19.1(9).

All meetings of the governing body of a public entity that are not open to the public must be recorded electronically or on audio or videotape. N.D.C.C. § 44-04-19.2(5). The recording may be disclosed publicly only upon majority vote of the governing body, unless the executive session was required to be confidential. N.D.C.C. § 44-04-19.2(5).

Collective bargaining agreements are public record, even if not yet approved by the legislative authority of the political entity which is a party to the agreement. Beacon Journal Publishing Co. v. City of Stow, No. 12058, unreported (Summit App. 1985); State ex rel. Calvary v. City of Upper Arlington, 89 Ohio St. 3d 229, 729 N.E.2d 1182 (2000) (draft collective bargaining agreement).

Not addressed.

Until contract approval, these records are generally confidential unless both the public agency and the bargaining unit agree to their release. As noted later in the discussion of the Public Meetings Law, labor negotiations involving public bodies generally proceed in executive session without the presence of any news media. As a result, while there is no specific records exemption, the customary practice is to keep such records confidential as records of an executive session.

The Law exempts several types of records pertaining to collective bargaining proceedings while they are pending. 65 Pa. Stat. Ann. § 67.708(b)(8)(i)-(ii).

It exempts any “record pertaining to strategy or negotiations relating to labor relations or collective bargaining and related arbitration proceedings.” 65 Pa. Stat. Ann. § 67.708(b)(8)(i). But this exemption does not extend to “a final or executed contract or agreement between the parties in a collective bargaining procedure.” Id.

It also exempts, in “the case of the arbitration of a dispute or grievance under a collective bargaining agreement, an exhibit entered into evidence at an arbitration proceeding, a transcript of the arbitration or the opinion.” 65 Pa. Stat. Ann. § 67.708(b)(8)(ii). This exemption, however, does “not apply to the final award or order of the arbitrator in a dispute or grievance procedure.” Id. at (8)(i).

Excluded from disclosure. See R.I. Gen. Laws § 38-2-2(4)(i)(H), supra.

There is no specific reference to collective bargaining records in the act due to the very low incidence of public employee collective bargaining in the state. These records would likely be considered public under the broad definition of public records found in the act. S.C. Code Ann. § 30-4-20(c).

Those involving public employees should be open. Private agreements that are filed with the Department of Labor should also be open.

Presumably open.

The terms of a collectively bargained agreement cannot prohibit disclosure of public information. Tex. Att'y Gen. ORD-484 (1987).

Records concerning a government entity’s strategy about collective bargaining are classified generally as protected. See Utah Code § 63G-2-305(23).

“Records relating specifically to negotiation of contracts, including collective bargaining agreements with public employees” are exempt from disclosure.  1 V.S.A. § 317(c)(15); see also Negotiations Comm. of Caledonia Cent. Supervisory Union v. Caledonia Cent. Educ. Ass’n, 2018 VT 18, ¶¶ 24-25 (Vt. 2018).

This is not addressed in the Act.

There is no specific exemption for collective bargaining materials.

There is no exemption for collective bargaining records.  The state of West Virginia does not have a collective bargaining statute for public employees; the legality is decided on local level.

Collective bargaining records are subject to the balancing test, but may be closed if competitive or bargaining reasons require. Cf. Wis. Stat. § 19.85(1)(e), § 19.35(1)(a). A tentative agreement must be disclosed to the public and considered by the governmental body in open session before ratification. Wis. Stat. § 19.85(3).

May be covered by the intra-agency memorandum provision, but there are no specific provisions covering this situation. As intra-agency memoranda that would not be available to a party in litigation, the custodian has discretion whether to release this information.