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

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Because a union’s right to information is distinct from, and often broader than, the public’s right to access records, exemptions from public disclosure set forth in a public records act are not valid defenses to a union’s request pursuant to a labor relations statute. (City and County of San Francisco (2024) PERB Decision No. 2891-M, p. 17; County of Tulare (2020) PERB Decision No. 2697-M, p. 14, fn. 9; Sacramento City Unified School District (2018) PERB Decision No. 2597, p. 10 [collecting cases]; accord Postal Service (1991) 305 NLRB 997, 1004-1005 [although FOIA applies to the postal service, FOIA “establishes rights of the public-at-large to information in government files,” and exceptions to those rights “apply directly only to those rights and not to rights created under other statutes” such as the National Labor Relations Act].) (pp. 9-10.)