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

Single Topic for Decision A428E


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604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.04000 – Confidentiality; Privacy

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. 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.