EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – In General

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A union is presumptively entitled to information that is necessary and relevant to the union in exercising its right to represent bargaining unit employees regarding mandatory subjects of bargaining, including but not limited to discipline, retirement benefits, workplace safety, and hostile work environment issues. (Contra Costa Community College District (2019) PERB Decision No. 2652, pp. 15-16, citing other authorities.) This presumptive entitlement to information includes the right to receive investigatory reports relating to hostile work environment claims impacting employees the union represents, though PERB may order appropriate redactions where needed. (City of Redding (2011) PERB Decision No. 2190-M, adopting proposed decision at pp. 17-18.) A refusal to provide presumptively necessary and relevant information upon request constitutes a per se violation of the duty to meet and confer in good faith, as well as interference with protected rights. (State of California (Department of Veterans Affairs) (2004) PERB Decision No. 1686-S, adopting proposed decision at p. 18.)