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D.C. Circuit Puts Potential Limits on the NLRB's "Presumptively Relevant" Policy

In IronTiger Logistics, Inc. v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the NLRB’s policy of requiring employers to timely respond to union requests for “presumptively relevant” information (i.e., information relating to bargaining unit employees), but required the Board to explain why specific requests were presumptively relevant. The court also directed the Board to consider an employer’s defenses to union requests for information, including whether the requests were made for improper purposes.