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

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An employer must provide to an exclusive representative, upon request, information that is necessary and relevant to the union’s representational obligations. (See Stockton Unified School District (1980) PERB Decision No. 143.) Information that pertains to a matter within the scope of representation is presumptively relevant. (State of California (Departments of Personnel Administration and Transportation) (1997) PERB Decision No. 1227-S, p. 5.) In this case the requested information related to existing access policies at UCOP, a matter within the scope of representation and relevant to UPTE's representational obligations. However, several University witnesses credibly testified that no written access policies existed, except for the relevant collective bargaining agreements. The University could not provide information that does not exist. (Id. at p. 13.) (adopting proposed decision at pp. 57-58.)