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

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When a union requests relevant information, the employer must either fully supply the information or timely and adequately explain its reasons for not doing so, and the employer bears the burden of proof as to any defense, limitation, or condition that it asserts. (pp. 8-9) A party answering a RFI must exercise the same diligence and thoroughness as it would “in other business affairs of importance,” and a charging party need not show that it suffered harm or prejudice as a result of a responding party’s lack of care. (Petaluma, supra, PERB Decision No. 2485 at pp. 19, 24.)