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

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The employer bears the burden of proving any defenses, limitations, or conditions on the disclosure of relevant information. (Butte-Glenn Community College District (2022) PERB Decision No. 2834, p. 10 (Butte-Glenn); Sacramento City Unified School District (2018) PERB Decision No. 2597, p. 8; Petaluma City Elementary School District/Joint Union High School District (2016) PERB Decision No. 2485, p. 23.) An employer’s primary defenses to producing relevant information are waiver, privacy, undue burden, an absolute or qualified privilege, or that a request seeks information that does not exist. (Imperial Irrigation District (2023) PERB Decision No. 2861-M, p. 46; Butte-Glenn, supra, p.10; County of Tulare (2020) PERB Decision No. 2697-M, p. 14.) (p. 9.)