EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy
Single Topic for Decision 1704M
Full Decision Text (click on the link to view): Full Text
604.04000 – Confidentiality; Privacy
The District violated the MMBA by refusing to provide unit employees’ addresses and phone numbers. Local 517 is entitled to all information which is “necessary and relevant” to the discharge of its duty of fair representation. Failure to provide this information is a “per se” violation of the duty to bargain in good faith because it is “fundamental to the expanse of a union’s relationship with the employees.” Local 517 is entitled to the phone numbers and addresses of all unit employees, including the four (of 200) who requested confidentiality. When constitutional privacy rights are implicated, the Board must balance the privacy interests of employees against the union’s need for information. Local 517 needs this information for access to unit members while there is no statutory requirement that prohibits disclosure of the requested information to Local 517. Employer has burden of proof to demonstrate disclosure would compromise confidentiality.