EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

Single Topic for Decision 2697M

View all topics for Decision 2697M

Full Decision Text (click on the link to view): Full Text

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].