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

Single Topic for Decision 1915M

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An exclusive representative is entitled to all information that is “necessary and relevant” to the discharge of its duty of representation. PERB uses a liberal standard, similar to a discovery-type standard, to determine relevance of the requested information. The failure to provide such information is a per se violation of the duty to bargain in good faith. After a party partially complies with a request for information and seeks clarification regarding the balance of the request, the burden shifts to the requesting party to clarify and/or identify the information requested. When the requesting party fails to make such a response, the responding party is under no further duty to provide information.