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

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An employer, as part of its duty to fully answer a union’s request or else timely and adequately explain a valid defense to disclosure, may not rely upon a CPRA exemption in place of a defense recognized under PERB precedent. (p. 10.) A party responding to an RFI has additional duties under a collective bargaining statute that go beyond its CPRA duties. For example, if a union’s request as written (or as made orally) would lead to unduly burdensome costs, infringe on legitimate privacy interests, or otherwise pose a need for clarification or discussion, an employer must bargain in good faith with the union and seek to negotiate an appropriate accommodation. (p. 12.)