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

Single Topic for Decision 2438E

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A union is not obliged to repeat a request for information when it was sufficiently clear to the District that the partial compliance would not satisfy the request, and when it would be futile to repeat its request. A union’s entitlement to all of the requested information is not diminished by the employer’s production of only a portion of the information, even when that portion covered the majority of the requested information. An unreasonable delay in providing requested information is tantamount to a failure to produce the information at all. The burden on the union of attempting to interview every reassigned teacher in person, or of having to send blanket communications to all bargaining unit members requesting that reassigned teachers contact them, compared with the District’s ease of providing the names and locations of reassigned teachers to the union, indicates that union does not have “equal access to the same information from the same source.”