Decision 1686S – State of California (Department of Veterans Affairs)

SF-CE-220-S

Decision Date: September 9, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 250

Decision Headnotes

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

Defenses under the Public Records Act standing alone do not necessarily apply to requests for information.

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

Where there is no attorney advice the attorney-client privilege may apply.

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

If union business representative is receiving phone calls from a majority of the members of the bargaining unit who are afraid of a supervisor, then information obtained in an investigation of the work place is necessary and relevant on the grounds of work place safety.

1106.00000 – CASE PROCESSING PROCEDURES; DISCOVERY
1106.01000 – In General

Attorney-Client or work product privilege may be impliedly waived by a party by placing the contents of the privileged communications at issue in the case. The investigative report in this particular case was found to be an exception to the privileges and therefore was to be produced. Determination should be made on a case by case basis.