Decision 3074M – Bay Area Air Quality Management District
SF-CE-2243-M
Decision Date: November 10, 2026
Decision Type: PERB Decision
Description: Charging Party Bay Area Air Quality Management District Employees’ Association filed an unfair practice charge challenging a decision by the Bay Area Air Quality Management District not to provide Position Description Questionnaires (PDQs) related to the District’s classification and compensation study. The District argued that the Association waived its right to the PDQs and that the District had a legitimate privacy interest in the PDQs. The ALJ ordered the District to produce the PDQs with confidentiality protections to be bargained or, absent agreement, ordered in compliance proceedings. Both parties filed exceptions.
Disposition: The Board affirmed the ALJ’s conclusion that the Association did not clearly and unmistakably agree to waive its statutory right to the PDQs. The Board also found that the District’s privacy defense failed on two grounds. First, the District flatly denied the Association’s request without offering to bargain over alleged confidentiality issues. Second, the Board found no legal basis for concluding that the PDQs contain confidential information. Accordingly, the Board found the District violated the MMBA and ordered the District to provide the PDQs in full, with no redactions.
Decision Headnotes