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

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A responding party waives any defenses to disclosure that it fails to raise promptly after receiving a request. (Imperial Irrigation District (2023) PERB Decision No. 2861-M, p. 46; County of Tulare (2020) PERB Decision No. 2697-M, p. 14 (Tulare.) Moreover, if an information request requires clarification, is unduly burdensome, or seeks private information, the responding party is not permitted to deny the request outright and must instead offer to bargain in good faith regarding appropriate accommodations. (Imperial Irrigation, supra, p. 46; Butte-Glenn Community College District (2022) PERB Decision No. 2834, p. 10 (Butte-Glenn); Tulare, supra, p. 14; Sacramento City Unified School District (2018) PERB Decision No. 2597, pp. 11-12.) A union should reassert or clarify its information request upon receiving a partial response from the employer, though the union may file a charge without doing so when it is sufficiently clear that the response did not fully satisfy the request. (Butte-Glenn, supra, p. 14.) (p. 10.)