Decision 1262E – Bakersfield City School District

LA-CE-3691

Decision Date: April 28, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29089

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02066 – Information

Under EERA, the mechanics of the release of unit members' home addresses and phone numbers are within the scope of representation and subject to the collective bargaining process; Id. at p. 25.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Under PERB precedent, deferral is appropriate when: (1) the parties' contractual grievance procedure covers the matter at issue and culminates in binding arbitration; and (2) the conduct complained of in the unfair practice charge is prohibited by the parties' agreement. The Board finds that no provision of the collective bargaining agreement between the parties arguably prohibits the conduct alleged in the charge and complaint. Accordingly, the Board finds deferral inappropriate in this case; p. 3.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Government Code section 6254.3 describe employee rights not management right and does not provide for an employer to unilaterally determine any formal mechanism for the exercise of privacy rights, especially when that process will affect the mechanics of a union's access to relevant and necessary information; Id. at p. 29.

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

Certain information is presumed to be relevant, but if the employer questions the relevance the union must give the employer an explanation; Once relevant information is requested, the employer must provide it or adequately set forth the reasons why it is unable to comply; the employer may be excused if compliance would be burdensome, but the burden of proving this defense is on the employer; pp. 16-17, proposed dec. Unit members' home addresses and phone numbers are presumptively relevant; Id. at p. 19.

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

Unit members' home addresses and phone numbers re presumtively relevant; p. 19.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.08000 – Other

Interim remedy of requiring employer to facilite union's communications with unit members while parties negotiate over mechanisim to provide home address may be commendable but in practical terms interjects the Board deeply into the internal administrative practices of the District. The Board declines to such remedy and leaves the mechanism of providing information to the parties negotiations.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Under PERB precedent, deferral is appropriate when: (1) the parties' contractual grievance procedure covers the matter at issue and culminates in binding arbitration; and (2) The conduct complained of in the unfair practice charge is prohibted by the parties' agreement. The Board finds that no provision of the collective bargaining agreement between the parties arguably prohibits the conduct alleged in the charge and complaint. Accordingly, the Board finds deferral inappropriate in this case; p. 3.