Decision 0613H – California State University

LA-CE-150-H

Decision Date: February 9, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18051

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

Good summary on scope of duty to provide information.

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

Once union has established relevance of information requested, burden on party holding the information to show disclosure would compromise privacy/confidentiality. Here, employer failed to carry burden; p. 19.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – 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.