All notes for Subtopic 604.05000 – Subjects of Information
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2697M | County of Tulare (Service Employees International Union Local 521) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information A union is presumptively entitled to information that is necessary and relevant to the union in exercising its right to represent bargaining unit employees regarding mandatory subjects of bargaining, including but not limited to discipline, retirement benefits, workplace safety, and hostile work environment issues. (Contra Costa Community College District (2019) PERB Decision No. 2652, pp. 15-16, citing other authorities.) This presumptive entitlement to information includes the right to receive investigatory reports relating to hostile work environment claims impacting employees the union represents, though PERB may order appropriate redactions where needed. (City of Redding (2011) PERB Decision No. 2190-M, adopting proposed decision at pp. 17-18.) A refusal to provide presumptively necessary and relevant information upon request constitutes a per se violation of the duty to meet and confer in good faith, as well as interference with protected rights. (State of California (Department of Veterans Affairs) (2004) PERB Decision No. 1686-S, adopting proposed decision at p. 18.) more or view all topics or full text. | 44 | 141 | 02/20/20 |
| 2652E | Contra Costa Community College District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information A union has a right to sufficient information regarding alleged wrongdoing to enable a union representative to represent an employee in a meaningful manner during an investigatory interview, but the union does not obtain the right to an underlying written complaint until after the initial investigatory interview. more or view all topics or full text. | 44 | 18 | 06/26/19 |
| 2597E | Sacramento City Unified School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Information pertaining to non-bargaining unit employees is not presumed relevant, and the exclusive representative thus bears the burden of demonstrating that such information is relevant and necessary to its representational duties. A union demonstrates relevance where it has requested information that may help it compare the disciplinary circumstances relevant to a bargaining unit employee, including the allegations and any resulting discipline, with prior circumstances involving non-bargaining unit employees. (p. 9, fn. 6.) Union had right to obtain, evaluate, and introduce evidence that arguably may have supported a disparate treatment argument, even where information pertained to a non-bargaining unit employee (p. 9.) more or view all topics or full text. | 43 | 77 | 11/19/18 |
| A428E | Children of Promise Preparatory Academy 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information 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. more or view all topics or full text. | 40 | 23 | 06/29/15 |
| 2402M | County of Solano 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information “Target savings” information requested by charging party is presumptively relevant, because it pertains to a mandatory subject of bargaining (wages). more or view all topics or full text. | 39 | 78 | 12/16/14 |
| 2303E | Santa Monica Community College District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information List of part-time faculty who did not have a retirement election form on file was necessary and relevant to union’s representation of bargaining unit employees with regard to retirement benefits for current employees. Therefore, employer breached duty to bargain in good faith when it refused to provide the information. more or view all topics or full text. | 37 | 152 | 12/21/12 |
| 2101H | Regents of the University of California (Davis) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information An exclusive representative is entitled to all information that is “necessary and relevant” to the discharge of its duty of representation. PERB uses a liberal standard, similar to a discovery-type standard, to determine the relevance of requested information. If the relevance of the requested information is rebutted by the employer, the exclusive representative must establish how the information is relevant to its representational responsibilities such as negotiations or contract administration. In defining the parameters of “necessary and relevant information” the Board has ruled that if the requested information pertains immediately to a mandatory subject of bargaining, it is presumptively relevant. Absent a valid defense, the failure to provide such information is a per se violation of the duty to bargain in good faith. On the other hand, the Board has ruled that information not within scope is not presumptively relevant. In such cases, absent the presumption, the burden falls on the charging party to demonstrate the information sought is relevant and necessary to its representational responsibilities. more or view all topics or full text. | 34 | 55 | 03/01/10 |
| 2112I | Los Angeles Superior Court 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information No violation where employer complied with request and the union does not allege that it reasserted its request or otherwise communicated its dissatisfaction with the employer’s response. No violation where the union requested the employer provide information related to the basis for the elimination of regular assignments. Although the charge made reference to a comprehensive study by the employer to determine staffing needs, the charge does not include facts to establish such a study was completed or that the employer was in fact in possession of any relevant “written documents, reports, assignment data or analysis.” The employer need not comply with an information request if the requested information does not exist. Moreover, the employer is not obligated to provide details as to the thought processor rationale underlying managerial decisions. more or view all topics or full text. | 34 | 94 | 06/07/10 |
| 2094H | Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information * * * OVERRULED IN PART ON OTHER GROUNDS by Stats. 2011, ch. 539 (S.B. 857), § 4. * * *“Formulas and methodology” used by third-party software to generate nurse-to-patient staffing ratios for particular shift are presumptively relevant because nurse-to-patient staffing ratios relate to the workload of individual nurses on a particular shift. more or view all topics or full text. | 34 | 41 | 02/02/10 |
| 2017S | State of California (Department of Personnel Administration) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Requests for a party's thought process do not demonstrate a prima facie case. more or view all topics or full text. | 33 | 68 | 04/01/09 |
| 1988M | City of Burbank 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Information requested by exclusive representative regarding employee’s use of sick and FMLA leave and use of such leave by other bargaining unit members was presumptively relevant to employee’s pending arbitration challenging discipline for violation of the employer’s attendance policy. more or view all topics or full text. | 33 | 11 | 11/25/08 |
| 1906M | Town of Paradise 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information An employer must provide information that is relevant and necessary to effectively administer a collective bargaining agreement. Thus, the town violated its duty to bargain in good faith under the MMBA by failing to provide the union with requested information on the town’s on-call policy, where the on-call policy was an issue at the bargaining table. more or view all topics or full text. | 31 | 108 | 05/24/07 |
| 1711S | State of California, (Department of Consumer Affairs) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Information pertaining to the investigation of workplace safety matters is presumptively relevant; p. 26. more or view all topics or full text. | 29 | 15 | 11/23/04 |
| 1686S | State of California (Department of Veterans Affairs) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information If union business representative is receiving phone calls from a majority of the members of the bargaining unit who are afraid of a supervisor, then information obtained in an investigation of the work place is necessary and relevant on the grounds of work place safety. more or view all topics or full text. | 28 | 250 | 09/09/04 |
| 1558S | State of California (Department of Motor Vehicles) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Refusal to provide information does not state prima facie case because check-in/check-out system is not negotiable and the charge does not demonstrate how the requested information is necessary and relevant to union’s right to represent bargaining unit members. more or view all topics or full text. | 28 | 16 | 11/21/03 |
| 1340E | Ventura County Community College District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Information pertaining immediately to mandatory subjects of bargaining is so intrinsic to the core of the employer-employee relationship that it is presumptively relevant. The employer must provide presumptively relevant information or rebut the presumption of relevance. If rebutted, the exclusive representative must demonstrate the relevance of the requested information to its representational responsibilities. (Los Angeles Unified School District (1994) PERB Decision No. 1061 (Los Angeles USD.) For information concerning subjects for which there is no presumption of relevance, the exclusive representative bears the burden of establishing that the information is relevant to its statutory representational responsibilities. (Los Angeles USD; Reiss Viking (1993) 312 NLRB 622 [145 LRRM 1190]; Duquesne Light Co. (1992) 306 NLRB 1042 [140 LRRM 1079]. more or view all topics or full text. | 23 | 30147 | 08/03/99 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652, where the Board held there is no categorical rule barring a request for information related to a noncontractual forum; information relevant to challenging discipline of a bargaining unit member is presumptively relevant. * * *Information immediately pertaining to mandatory subjects of bargaining is presumptively relevant. Other information is not presumed relevant, and the requestor must show the information is relevant and necessary to its representational duties; p. 70; Information related to extra-contractual forum is not presumed relevant and burden is on requestor. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 1262E | Bakersfield City School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Unit members' home addresses and phone numbers re presumtively relevant; p. 19. more or view all topics or full text. | 22 | 29089 | 04/28/98 |
| 1255H | Regents of the University of California (California Nurses Association) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Request for job descriptions of and job requistion forms for non-unit employees suspected of performing bargaining unit work is necessary and relevant to union's representational activities; pp. 42-43, proposed dec. more or view all topics or full text. | 22 | 29066 | 03/20/98 |
| 1184E | Hacienda La Puente Unified School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Duty to provide information extends to information relevant to grievance processing; p. 4; p. 12, 18, proposed dec. more or view all topics or full text. | 21 | 28053 | 02/21/97 |
| 0864E | Newark Unified School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Association entitled to staffing and enrollment projections prepared for District to verify need to transfer teacher; p. 18. more or view all topics or full text. | 15 | 22023 | 01/14/91 |
| 0834E | Chula Vista City School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Information pertaining to mandatory subjects of bargaining is presumptively relevant. Here, subject of "leave" is a mandatory subject of bargaining and association was therefore entitled to information sought; p. 54. Where association demands information concerning nonunit employees, bargaining representatives must demonstrate the "probable or potential relevance" of the information sought to its representation of unit employees. Here, association sought and was entitled to information regarding long-term substitutes; pp. 59-60. Association held entitled to information regarding health insurance; p. 67. more or view all topics or full text. | 14 | 21162 | 08/16/90 |
| 0790E | Compton Community College District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Names and addresses of part-time instructors is necessary and relevant for contract administration and representational purposes. more or view all topics or full text. | 14 | 21051 | 02/06/90 |
| 0613H | Trustees of the California State University (California Faculty Association) 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Wage survey data in question was integral part of salary setting mechanism at CSU and was relevant and necessary in order for CFA to fulfill its responsibilities as the exclusive faculty representative: in absence of valid privilege or defense raised by CSU, failure to provide said data was violation of HEERA sections 3571(a), (b), and (c). In so finding, the Board did not decide that any wage data gathered by CSU, in any of its manifestations, was subject to disclosure; p. 14, proposed dec. more or view all topics or full text. | 11 | 18051 | 02/09/87 |
| 0479E | Modesto City Schools and High School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Employer unlawfully withheld information needed by the exclusive representative to process grievances on employee transfers; Board rejects privacy argument; pp. 5-12. Board held it must apply balancing test when right to privacy conflicts with mandatory subject of bargaining; p. 10. more or view all topics or full text. | 9 | 16056 | 01/10/85 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * * Names of employees to be laid off is relevant and necessary to employee organization; p. 37. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 0224E | Mt. San Antonio Community College District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Union entitled to all information necessary and relevant to discharge its duty to represent unit employees. District violated Act by refusing to provide names of all other disciplined employees; pp. 10-11. District also violated Act by refusing to provide home addresses of part-time instructors who the union reasonably believed might have been affected by Supreme Court's Peralta [24 Cal.3d 369] decision; pp. 11-12. Information about employees whose status in unit is in question is necessary and relevant to discharging union's duty. Absence of express mechanism to release the info is not bar to access. more or view all topics or full text. | 6 | 13163 | 06/30/82 |
| 0143E | Stockton Unified School District 604.05000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Subjects of Information Employer failed to negotiate in good faith by refusing to furnish information about insurance plan premiums. Insurance plans are mandatory subjects of bargaining and premiums paid and benefits granted under a noncontributory insurance plan constitute "wages". Information about such plans are presumptively relevant. more or view all topics or full text. | 4 | 11189 | 11/03/80 |