Decision 1184E – Hacienda La Puente Unified School District

LA-CE-3576

Decision Date: February 21, 1997

Decision Type: PERB Decision

Description: District appealed finding that it unlawfully failed to provide union with information necessary and relevant to its representational duties.

Disposition: Violation found. District ordered to cease and desist and to provide union with requested information.

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Perc Vol: 21
Perc Index: 28053

Decision Headnotes

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

Employer's duty to bargain in good faith includes the obligation to provide necessary and relevant information needed by the exclusive representative for the proper performance of its representational duties; p. 12, proposed dec. Employer's duty to furnish information extends beyond contract negotiations and applies to labor-management relations during the term of an agreement; p. 12, proposed dec.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.05000 – Subjects of Information

Duty to provide information extends to information relevant to grievance processing; p. 4; p. 12, 18, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Board will not infer a waiver of the right to bargain from silence; p. 3; p. 19, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02066 – Information

Employer's duty to bargain in good faith includes the obligation to provide necessary and relevant information needed by the exclusive representative for the proper performance of its representational duties; extends beyond contract negotiations and applies to labor-management relations during the term of an agreement; p. 12, proposed dec.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.02000 – Union’s Waiver of Employee or Organizational Rights

Board will not infer a waiver of the right to bargain from silence; p. 3; p. 19, proposed dec.