REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Provision of Information

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Information pertaining to non-bargaining unit employees is not presumed relevant, and the exclusive representative thus bears the burden of demonstrating that such information is relevant and necessary to its representational duties. A union demonstrates relevance where it has requested information that may help it compare the disciplinary circumstances relevant to a bargaining unit employee, including the allegations and any resulting discipline, with prior circumstances involving non-bargaining unit employees. (p. 9, fn. 6.) Union had right to obtain, evaluate, and introduce evidence that arguably may have supported a disparate treatment argument, even where information pertained to a non-bargaining unit employee (p. 9.)