EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Failure to Provide Information

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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 the relevance of requested information. If the relevance of the requested information is rebutted by the employer, the exclusive representative must establish how the information is relevant to its representational responsibilities such as negotiations or contract administration. In defining the parameters of “necessary and relevant information” the Board has ruled that if the requested information pertains immediately to a mandatory subject of bargaining, it is presumptively relevant. Absent a valid defense, the failure to provide such information is a per se violation of the duty to bargain in good faith. On the other hand, the Board has ruled that information not within scope is not presumptively relevant. In such cases, absent the presumption, the burden falls on the charging party to demonstrate the information sought is relevant and necessary to its representational responsibilities.