MEMORANDUM **
Safeway, Inc. (“Safeway”) petitions for review of an order of the National Labor Relations Board (“the Board”), and the Board cross-petitions for enforcement of the order. The Board determined that Safeway violated Section 8(a)(5) and (1) of the National Labor Relations Act (“NLRA”) by failing to provide information requested by United Food and Commercial Workers Local 5, United Food and Commercial Workers, AFL-CIO (“the Union”) for the purpose of investigating grievances alleging violations of the collective bargaining agreement (“CBA”). We have jurisdiction under 29 U.S.C. § 160(e) and (f). We deny Safeways petition for review and grant the Boards cross-petition for enforcement.
1. An employers duty to bargain collectively and in good faith under Section 8(a)(5) and (1) of the NLRA “includes a duty to provide relevant information needed by a labor union for the proper performance of its duties as the employees’ bargaining representative.” Detroit Edison Co. v. NLRB, 440 U.S. 301, 303, 99 S.Ct. 1123, 59 L.Ed.2d 333 (1979); see also 29 U.S.C. § 158(a)(5), (1). Here, substantial evidence supports the Boards determination that the requested vendor contract between Safeway and Instacart was relevant to the Unions enforcement of its members rights under the CBA.
When a union requests information concerning non-union employees, such as the third-party contracts here, the union bears the burden of showing relevance to the labor dispute. San Diego Newspaper Guild, Local No. 95 v. NLRB, 548 F.2d 863, 867–68 (9th Cir. 1977). This burden is subject to “a liberal, ‘discovery-type’ standard of relevancy.” Press Democrat Publg Co. v. NLRB, 629 F.2d 1320, 1325 (9th Cir. 1980) (quoting NLRB v. Acme Indus. Co., 385 U.S. 432, 437, 87 S.Ct. 565, 17 L.Ed.2d 495 (1967)); see also Retlaw Broad. Co. v. NLRB, 172 F.3d 660, 669 (9th Cir. 1999). A union need show only a “probability that the desired information was relevant, and that it would be of use to the union in carrying out its statutory duties and responsibilities,” Acme, 385 U.S. at 437, 87 S.Ct. 565, including the duty to investigate grievances, see id. at 436–38, 87 S.Ct. 565; NLRB v. Associated Gen. Contractors of Cal., Inc., 633 F.2d 766, 770 (9th Cir. 1980).
We give “great weight” to the Boards findings of relevance. See San Diego Newspaper Guild, 548 F.2d at 867. Applying the deference due the Boards determination, we uphold the Boards conclusion that the Union met its burden of demonstrating the contract was relevant to the resolution of its bargaining unit employees’ grievances. The Union indicated to Safeway that it had witness accounts of Instacart employees seeming to perform bargaining-unit work in violation of the CBA. The Union explained that the requested contract would allow the Union to corroborate these accounts and determine whether the alleged violations were accidental and isolated or whether they were part of an intentional business plan. Thus, the Union demonstrated it was not merely speculating about “some unknown contract violation,” id. at 868, and that the requested information would “aid” its investigation of the identified violations, Associated Gen.
Contractors, 633 F.2d at 772. Because the requested information was relevant, Safeways refusal either to produce the information or to enter good-faith negotiations regarding confidentiality violated the NLRA. See Retlaw, 172 F.3d at 669–70.
2. Safeway does not challenge the Boards finding that Safeway violated the NLRA by delaying its response to the Union regarding additional requested contracts with Boars Head and DSD. Because Safeway does not challenge this finding, the Union is entitled to summary enforcement of the relevant portion of the order. See, e.g., Sparks Nugget, Inc. v. NLRB, 968 F.2d 991, 998 (9th Cir. 1992).
Safeways petition is DENIED, and the Boards petition for enforcement of its order is GRANTED.