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

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Under the MMBA and other statutes that PERB administers, an exclusive representative is entitled to all information that is necessary and relevant to its right to represent bargaining unit employees regarding mandatory subjects of bargaining. The terms “necessary” and “relevant” are interchangeable; thus, a charging party can meet its burden by showing its request meets one prerequisite or the other. Information pertaining to mandatory subjects of bargaining is presumed relevant, and the employer must provide such information unless it can show that the information is plainly irrelevant or provide adequate reasons why it cannot supply the information. PERB uses a liberal, discovery-type standard to determine relevance. (pp. 6-7.)