EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – In General

Single Topic for Decision 1988M

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An exclusive representative is entitled to all information that is necessary and relevant to the discharge of its duty to represent a bargaining unit member in a contractual disciplinary arbitration proceeding. Employer violated MMBA section 3505 by failing to promptly provide information requested by the employee organization that was relevant to an employee’s pending arbitration challenging his discipline for violation of the employer’s attendance policy. All of the requested information was presumptively relevant because it related to either the use of sick or FMLA leave by the employee or by other members of the bargaining unit. The employer failed to establish an affirmative defense to production of the information. The employer also failed to provide the information in a timely manner because it produced some of the information almost three months after the initial request and did not produce the rest until ordered to do so by the arbitrator during the hearing.