All notes for Subtopic 606.17000 – Failure to Provide Information
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2582M | City of Davis 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Information An employer’s refusal to provide information to back up its bargaining claims may be evidence of bad faith bargaining, but where requested information did not exist—in this case, the employer’s “target savings”—the failure to provide the information did not evidence bad faith. more or view all topics or full text. | 43 | 51 | 09/05/18 |
| 2151H | Trustees of the California State University 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Information Where charging party was aware that the employer held back information at least 18 months prior to filing amended charge, the allegation of failure to provide requested information was untimely. PERB is prohibited from issuing a complaint with respect to “any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge.” The limitations period for new allegations in an amended charge is based on the filing date of the amended charge. more or view all topics or full text. | 35 | 14 | 12/14/10 |
| 2101H | Regents of the University of California (Davis) 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide 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 |
| 1328S | State of California (Department of Mental Health) 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Information No violation of the duty to provide information where charging party fails to allege it made specific demands for the information; p. 3, warning letter. more or view all topics or full text. | 23 | 30100 | 04/26/99 |
| 1227S | State of California (Departments of Personnel Administration and Transportation) 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Information In resolving information request cases, each case turns on the particular facts involved; p. 4 (citations). An exclusive representative only has the right to obtain information necessary and relevant to its representational obligations under the Dills Act; pp. 4-5; No right to information relative to the economic justifications for nonnegotiable decisions; fn. 5. Failure to respond to a request is a violation because the employer cannot simply refuse to provide information or ignore a request; Id. at p. 5 (citations). Information requested that pertains immediately to a mandatory subject of bargaining is presumptively relevant; Id. When a request is made for information that is presumptively relevant, the burden shifts to the employer to either provide the information within a reasonable time or overcome the presumption of relevance; the burden shifts to the employer to either provide the information within a reasonable time or overcome the presumption of relevance; to a mandatory subject of bargaining, the requestor must show that the requested information is relevant and necessary to its representational responsibilities; p. 6. The employer may defend its failure to provide information by showing the request that is unduly burdensome or the requested information does not exist employer need not furnish information in a form more organized than its own records; p. 7. If the employer partially complies and the union fails to communicate its dissatisfaction, or to reassert or clarify its request, no violation will be found; p. 7. Information sought to ascertain the impact of the pending layoff on unit members and to formulate exclusive representative's negotiation strategy is entitled to the presumption of relevance since it pertains immediately to the subjects of wages and hours; p. 8. strategy is entitled to the presumption of relevance since it pertains immediately to the subjects of wages and hours; p. 8. to presumption of relevance; p. 11. Requested information about speculative or indirect effects of layoff is not entitled to the presumption of relevance; charging party failed to meet burden of showing that the request is relevant; pp. 11-12. more or view all topics or full text. | 22 | 29007 | 11/05/97 |
| 0799H | California State University (California Faculty Association) 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Information Single pre-impasse refusal to provide information, when viewed in the entire context of pre-impasse bargaining, does not support finding of surface bargaining; pp. 51-52, proposed dec. more or view all topics or full text. | 14 | 21072 | 03/28/90 |
| 0916S | State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39) 606.17000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Information Board affirms partial dismissal of charge that DPA failed to bargain in good faith by making a last, best and final offer after being informed Board had issued complaint against DPA based on failure to provide information. more or view all topics or full text. | 16 | 23020 | 01/02/92 |