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

Single Topic for Decision 1270E

View all topics for Decision 1270E

Full Decision Text (click on the link to view): Full Text

* * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652, where the Board held there is no categorical rule barring a request for information related to a noncontractual forum; information relevant to challenging discipline of a bargaining unit member is presumptively relevant. * * *

Certain information is presumed to be relevant, but if the employer questions the relevance, the union must give the employer an explanation. Once relevant information is requested, the employer must provide it or adequately set forth the reasons why it is unable to comply. The employer may be excused if compliance would be burdensome, but the burden of proving this defense is on the employer; pp. 69-70, proposed dec. Information immediately pertaining to mandatory subjects of bargaining is presumptively relevant. Other information is not presumed relevant, and the requestor must show the information is relevant and necessary to its representational duties; p. 70; Information related to extra-contractual forum is not presumed relevant and burden is on requestor. The NLRB has held unit members' home addresses are presumptively requestor. The NLRB has held unit members' home addresses are presumptively information. The burden thus shifts to the District to justify its refusal to provide over 400 such addresses in April 1996, when CSEA requested them; p. 78, proposed decision. The employee addresses CSEA requested in April 1996 were relevant information and the District established no defense for its refusal to provide over 400 of the requested addresses; p. 79, proposed decision.