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

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The statutes PERB administers confer upon an exclusive representative, as part of its representational rights and duties, a right to information that is broader than the public’s right to review public records. (Butte-Glenn Community College District (2022) PERB Decision No. 2834, p. 15 (Butte-Glenn).) An employer must normally provide an exclusive representative with all information that is necessary and relevant to its right to represent bargaining unit employees regarding mandatory subjects of bargaining. (City and County of San Francisco (2024) PERB Decision No. 2891-M, pp. 7-8 (San Francisco); Butte-Glenn, supra, p. 9; Contra Costa Community College District (2019) PERB Decision No. 2652, pp. 5, 16-17 (Contra Costa); Sacramento City Unified School District (2018) PERB Decision No. 2597, p. 8 (Sacramento).) This is a liberal, discovery-type standard akin to the standard California courts use to determine relevance, and, notably, “necessary” and “relevant” are interchangeable terms that do not have separate meanings. (San Francisco, supra, p. 8; Butte-Glenn, supra, p. 9; Contra Costa, supra, pp. 5-6; Sacramento, supra, p. 8.) (pp. 7-8.)