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

Disaggregated race and ethnicity data is relevant and necessary information which union needed to competently perform its representational function. Union needs to be able to contact African American unit members released from probation (or who had their probation extended) to help such employees and to investigate whether the experience of the three named employees in its grievance reflected a broader problem. Union needs to interview such employees to assess potential violations, defenses, and any other causes of racially skewed treatment of employees on probation, as well as to decide whether to push the case to arbitration, and if so to prepare for arbitration. (State of California (Department of Corrections and Rehabilitation) (2012) PERB Decision No. 2285-S, pp. 9-10 [union’s ability to independently investigate potential grievance “is an essential tool for determining whether the grievance has any merit and, if it does, for providing effective representation”].) Union must be able to target its inquiries toward potential similarly situated employees so that it can “efficiently accomplish” these representational functions. (Los Angeles Unified School District (2015) PERB Decision No. 2438, p. 10.) (pp. 13-14.)