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

Single Topic for Decision A428E

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An employer’s refusal to provide necessary and relevant information is a per se violation of the duty to bargain in good faith. Failure to provide contact information is a per se violation of the duty to bargain in good faith because it is fundamental to the expanse of a union’s relationship with the employees. The exclusive representative is entitled to the phone numbers and addresses of all unit employees, and, under the balancing test, this may include employees who request confidentiality. Lack of contact information for all employees through November 21 would deprive the Association of the ability to contact bargaining unit employees by mail or telephone through November 21. The lack of contact information would hamper the Association’s ability to represent the unit and negotiate on its behalf. The Academy’s refusal to provide contact information had the real effect of causing the Association to embark on personal contact with teachers which, according to the Academy, was viewed by several teachers as harassment and caused nine teachers to opt-out of providing contact information.