EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Subjects of Information

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604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information

PERB found City had an obligation to provide union disaggregated race and ethnicity information. The union needed to receive such individualized information regarding probationary employees to pursue workplace antidiscrimination advances through grievances, bargaining for better assistance for probationary employees, or otherwise representing employees on issues of discrimination, harassment, or any interaction with the employer that can mean the difference between employment and unemployment. (See also Contra Costa Community College District (2019) PERB Decision No. 2652, pp. 15-16.) Federal precedent is in accord. (See, e.g., The Bendix Corp. (1979) 242 NLRB 62, 63, fn. 11 [employees have little, if any, confidentiality right in disaggregated data on their race and sex, and any such privacy right did not outweigh the requesting union’s need for the data]; Strategic Resources, Inc. (2016) 364 NLRB 451, 462 & 467-470 [race, age, and gender of employees is presumptively relevant information that the employer must disclose to the exclusive representative upon request]; see also Garrett v. City and County of San Francisco (9th Cir. 1987) 818 F.2d 1515, 1519, fn. 6 [former city firefighter who sued for race discrimination was entitled to obtain personnel files of colleagues in city’s fire department, despite city’s claim that such discovery infringed on firefighters’ privacy, because of need to assess potential evidence of race-based disparate treatment within the department].) (pp. 11-12.)