EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

Single Topic for Decision 3034H

View all topics for Decision 3034H

Full Decision Text (click on the link to view): Full Text

Although “an employer normally does not create an obstacle to disclosure to an exclusive representative solely via the employer’s own act,” an employer entering into a contract can be relevant where the resulting privacy protection is “grounded in a previously existing privacy right.” (City and County of San Francisco (2024) PERB Decision No. 2891-M, p. 20.) (pp. 22-23, fn. 7.) Moreover, an employer’s duty to provide information is normally not limited to information it owns and instead extends to all information available to it. (Regents of the University of California, supra, PERB Decision No. 2094-H, p. 26 [partially overruled on other grounds].) (p. 29.)