Demands of trade union before employer fiduciary info: CIC

The demands placed by a trade union before its employer is submitted in fiduciary capacity exempting it from disclosure under the RTI Act, the Central Information Commission has held.
Information Commissioner Yashovardhan Azad rejected disclosure under the RTI Act the demands placed by each trade union for fresh ninth round of agreement of National Joint Committee for the Steel Industry along with file notings.
The case relates to R K Mishra who had sought the information from Steel Authority of India in his nine-point application.
Along with other information, he wanted complete information on demands placed by each trade union for fresh (after expiry of eighth round, MOA on April 29, 2010) round of agreement on NJCS.

He also demanded all the records related to nine round of agreement on NJCS.
"... Demands placed by each trade union for fresh ninth round of agreement of National Joint Committee for the Steel Industry and file notings...Can't be given as it holds information related to economic interests of state and the respondent is in fiduciary relationship with workers," Azad said.

He said demands place a trade union is a matter of concern between employer and employee.
"The divulgence of information on demands placed by trade union and minutes of meetings will prejudicially affect the economic interests of the public authority(SAIL)...Commission considers the information sought...Is exempted as per section 8(1)(e) (fiduciary clause) under the RTI Act," he said.

Azad also pulled by NJCS for its resolution passed in its 247th meeting in 2007 saying decisions taken at these meetings cannot be shared as they are for internal use of the member.
"The resolution taken by NJCS in its 247th meeting is not in conformity with the provisions of the RTI Act. Public Authority cannot deny information on the behest of any resolution taken by them unless it is exempted under Section 8 of the RTI Act," he said.