EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Extra-Contractual Forum; Extra-Contractual Disciplinary Meetings or Proceedings

Single Topic for Decision 2652E

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When a union is considering whether to exercise its right to represent employees in a meeting or proceeding that may adversely affect employment status, or the union does exercise that right, an employer may not deny the union’s related information request on the basis that the meeting or proceeding is extra-contractual or that the union has no duty of fair representation, as union has right to information necessary or relevant to its right to represent bargaining unit employees. Partially overrules San Bernardino City Unified School District (1998) PERB Decision No. 1270 and Carmichael Recreation & Park District (2008) PERB Decision No. 1953-M, to the extent they suggested a categorical rule denying unions access to information for extra-contractual fora.