Decision 0479E – Modesto City Schools and High School District
S-CE-498
Decision Date: January 10, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16056
Decision Headnotes
604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information
604.05000 – 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.
604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General
604.01000 – In General
Once exclusive rep. shows need for information, burden of proof shifts to employer to show reason why information should not be revealed; p. 10.