Decision 1597H – Trustees of the California State University

LA-CE-644-H

Decision Date: February 9, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 75

Decision Headnotes

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

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