All notes for Subtopic 604.06000 – Extra-Contractual Forum; Extra-Contractual Disciplinary Meetings or Proceedings

DecisionDescriptionPERC Vol.PERC IndexDate
2652E Contra Costa Community College District
604.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Extra-Contractual Forum; Extra-Contractual Disciplinary Meetings or Proceedings
There is no categorical rule denying a union access to information pertaining to a mandatory subject, even when the parties are not in bargaining and the union intends to use the information to advise or represent an employee in relation to an extra-contractual issue or forum. Because discipline is within the scope of representation, information pertaining to actual or potential discipline is presumptively relevant, even if the only contemplated disciplinary forum is extra-contractual. Information pertaining to actual or potential discipline is presumptively relevant, no matter in what forum the disciplinary matter might be resolved, as union has right to information necessary or relevant to its right to represent bargaining unit employees. more or view all topics or full text.
06/26/19
2652E Contra Costa Community College District
604.6000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Extra-Contractual Forum; Extra-Contractual Disciplinary Meetings or Proceedings
When a union is considering whether to exercise its right to represent employees in a meeting or proceeding that may adversely affect employment status, or the union does exercise that right, an employer may not deny the union’s related information request on the basis that the meeting or proceeding is extra-contractual or that the union has no duty of fair representation, as union has right to information necessary or relevant to its right to represent bargaining unit employees. Partially overrules San Bernardino City Unified School District (1998) PERB Decision No. 1270 and Carmichael Recreation & Park District (2008) PERB Decision No. 1953-M, to the extent they suggested a categorical rule denying unions access to information for extra-contractual fora. more or view all topics or full text.
06/26/19