REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Provision of Information

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Legal frameworks external to PERB-administered statutes—most commonly those establishing privacy protections—may impact PERB’s remedy in an RFI case. (City and County of San Francisco (2024) PERB Decision No. 2891-M, pp. 16, 18-19; Contra Costa Community College District (2019) PERB Decision No. 2652, pp. 20-26 (Contra Costa).) Even where an employer has violated a collective bargaining statute through delay, waiver of defenses, or other defects in its response to an information request, PERB retains discretion to account for legitimate third-party privacy interests when fashioning a remedy. (County of Tulare (2020) PERB Decision No. 2697-M, p. 15 (Tulare); Contra Costa, supra, PERB Decision No. 2652, p. 20.) This principle does not negate the underlying violation but may limit the scope of the relief ordered. Accordingly, rather than remanding for the parties to bargain, the Board found it appropriate to direct a PERB compliance officer to oversee the disclosure process, ensuring prompt implementation of the Board’s order while accommodating all legitimate competing interests. (Tulare, supra, p. 15.) (p. 15.)