EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

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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 may demonstrate 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.)