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

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In addition to prohibiting interference with protected rights, the Dills Act also prohibits an employer from failing or refusing to meet and confer in good faith. (Gov, Code, § 3519, subd. (c).) Pursuant to this duty, an employer must normally provide an exclusive representative with “all information that is necessary and relevant to its right to represent bargaining unit employees regarding mandatory subjects of bargaining.” (City and County of San Francisco (2020) PERB Decision No. 2698-M, p. 6.) Because discipline is a mandatory subject of bargaining, information pertaining to actual or potential discipline is presumptively relevant, even if the only contemplated disciplinary forum is extra-contractual. (Contra Costa Community College District (2019) PERB Decision No. 2652, p. 9.) Thus, while a charging party can allege a state employer violated Dills Act section 3519, subdivisions (a) and (b) by denying a request for sufficient information to allow meaningful representation at an investigatory interview, a charging party can independently allege the employer violated its duty to meet and confer in good faith. (pp. 9-10.)