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

Single Topic for Decision 2402M

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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. An employer’s refusal to provide all information that is necessary and relevant to the discharge of exclusive representative’s duty of representation evidences bad faith and violates per se its duty to meet and confer unless the employer can demonstrate adequate reasons why it cannot supply the information. Information that pertains to a mandatory subject of bargaining is presumptively relevant. PERB applies a liberal, discovery-type standard to determine that the requested information is relevant to a matter within the scope of representation. If the information sought is not presumptively relevant, the exclusive representative must demonstrate how the information is relevant to its representational responsibilities such as negotiations or contract administration. An employer need not provide requested information that does not exist.