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

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604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.04000 – Confidentiality; Privacy

One appropriate accommodation of competing interests is to restrict a union’s use of information to limited, proper purposes. (Contra Costa Community College District (2019) PERB Decision No. 2652, p. 19; Sacramento City Unified School District (2018) PERB Decision No. 2597, pp. 12-13; Los Angeles Unified School District (2015) PERB Decision No. 2438, p. 20.) The Board added a protective order to its remedy, thereby adopting a common judicial approach to allowing full discovery while minimizing intrusions on privacy. The Board directed the union to refrain from releasing disaggregated race/ethnicity information and to use such information only as needed to investigate and/or seek to prevent, lessen, ameliorate, or remedy potential workplace discrimination or other potential legal or contractual violations. (pp. 20-21.)