In collective negotiations, union are always looking for ways to increase their leverage at the negotiating table. One of the ways to do so is to have access to all the relevant information you need, whether it be financial documentation, comparable contracts, relevant policies, or staffing information. However, obtaining this information can sometimes seem like a daunting task as the same may require contacting numerous individuals and consuming extraordinary amounts of time.

One of the most underappreciated and underutilized ways of obtaining the information you need is through the New Jersey Open Public Records Act (“OPRA”). OPRA is codified in N.J.S.A. 47:1A-1 to -13. and provides that “government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions…” OPRA defines a government record as:

…any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file…or that has been received in the course of his or its official business…

N.J.S.A. 47:1A-1.1

As such, most of the typical information unions seeks to utilize at the negotiating table can be obtained through an OPRA request filed with the particular public entity you are negotiating with, whether it be a State, County, or township. In essence, an OPRA request could be “one stop shop.” Additionally, OPRA imposes strict deadlines on public entities to produce the information sought and certain consequences if records/information are wrongfully denied, to include attorneys’ fees. Therefore, OPRA can be a key asset in numerous ways from both a legal and practical standpoint and save your unit significant time and expense.

At the negotiating table, it is vital to have competent counsel who is familiar with all the “avenues” to assist you in obtaining all the information you need to increase your position at the table. As we all know, the “end goal” is to obtain the best contract you can for your members. OPRA can assist in this endeavor and is one of the tools our firm routinely utilizes when negotiating a collective negotiations agreement.