Decision 1597H – Trustees of the California State University
LA-CE-644-H
Decision Date: February 9, 2004
Decision Type: PERB Decision
Description: Charge alleged that university demanded payment prior to providing necessary and relevant information to union. Board found that university reasonably relied on union’s commitment to pay for information and that union could not renege on agreement.
Disposition: Board dismissed that portion of the charge and complaint at issue in exceptions. Board sustained violation of HEERA on remainder of complaint.
Perc Vol: 28
Perc Index: 75
Decision Headnotes
604.01000 – In General
Where compliance with an information request involves substantial costs, parties must bargain over what the costs would be and who would bear them. In this case, union agreed to pay “actual costs” without negotiating any protections and then refused to do so. Under these facts, CSU did not violate HEERA by refusing to provide information without payment. The union’s right of direct access to information must be exercised before the employer complies with a costly union request for information which the union refuses to pay for.
604.03000 – Form of Information Provided; Costs
Where compliance with an information request involves substantial costs, parties must bargain over what the costs would be and who would bear them. In this case, union agreed to pay “actual costs” without negotiating any protections and then refused to do so. Under these facts, CSU did not violate HEERA by refusing to provide information without payment. The union’s right of direct access to information must be exercised before the employer complies with a costly union request for information which the union refuses to pay for.