EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy
Single Topic for Decision 2697M
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604.04000 – Confidentiality; Privacy
An employer may not unilaterally reject an information request based on alleged privacy concerns, as that frustrates the purposes of state labor law “by converting the applicable procedure from a two-way negotiation to a unilateral decision.” (Contra Costa Community College District (2019) PERB Decision No. 2652, p. 19; Sacramento City Unified School District (2018) PERB Decision No. 2597, p. 13.) Where the County flatly denied Union’s request, parties were deprived of the opportunity to work out redactions or a different accommodation. The County waived its privacy concerns by categorically refusing Union’s request instead of offering to meet to seek an accommodation. (Sacramento, supra, PERB Decision No. 2597, p. 12 [employer must raise its confidentiality concerns in a timely manner and then meet with the union to seek an accommodation].