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

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When a union’s RFI seeks disclosure of information that would infringe on legally cognizable privacy rights, the employer must meet and negotiate in good faith to accommodate all legitimate competing interests. (p. 12.) When an employer and union meet and negotiate over privacy concerns, they can address all aspects of the problem, including the extent to which various levels of redaction might lessen such concerns, as well as the extent to which such redaction methods might frustrate the union in carrying out its representational function. Bargaining parties may reach a different result in each case based on the unique circumstances at issue. (pp. 12-13.)