EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

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Balancing test which governs those cases in which an employer and union have met and negotiated over legitimate privacy issues but were unable to reach an accommodation. (Redding, supra, PERB Decision No. 2190-M, p. 2 and adopting proposed decision, pp. 13-14 [if employer satisfies its burden of demonstrating that disclosure would compromise privacy rights, PERB engages in balancing test set forth in Detroit Edison Co. v. NLRB (1979) 440 U.S. 301, 314].) Courts interpreting the CPRA also balance privacy rights against the right to information. (See, e.g., Marken, supra, 202 Cal.App.4th at 1274-1276 [finding that the public’s interest in an investigatory report and disciplinary record outweighed a teacher’s privacy interest, but upholding the redactions directed by the superior court].) In any given instance, the balancing test applicable in CPRA cases may or may not lead to the same outcome as that applicable in PERB cases, given the extra rights and obligations that distinguish bargaining parties from members of the public. (p. 14, fn. 8.)