EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Form of Information Provided; Costs

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An employer may be excused from compliance with an information request if the requested information does not exist. But where the requested information exists in some form, the fact that the employer may have to compile it from various sources does not excuse the employer from producing it unless compliance would be unduly burdensome. The burden of proving this defense is on the employer. (p. 15) An assertion that compliance with an information request would be unduly burdensome must be timely raised so the parties can negotiate over how to best eliminate or reduce the employer’s burden. (p. 16) PERB refused to consider the employer’s evidence that compiling the requested information would be unduly burdensome because the employer did not assert the potential burden of creating the requested list until the underlying administrative hearing. The employer’s failure to timely assert this response deprived the union of an opportunity to negotiate a path by which the information might be provided in a less burdensome manner. (p. 16)