Decision 1704M – Golden Empire Transit District

LA-CE-52-M

Decision Date: November 8, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 7

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

The Public Records Act, Govt. Code sections 6250 et seq. does not apply to public employees under the MMBA

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

The Public Records Act, Govt. Code sections 6250 et seq. does not apply to public employees under the MMBA

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

The District violated the MMBA by refusing to provide unit employees’ addresses and phone numbers. Local 517 is entitled to all information which is “necessary and relevant” to the discharge of its duty of fair representation. Failure to provide this information is a “per se” violation of the duty to bargain in good faith because it is “fundamental to the expanse of a union’s relationship with the employees.” The Board dismissed Local 517’s allegation that the District refused to provide information to Local 517 regarding pay rates since the District had actually provided this information.

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

The District violated the MMBA by refusing to provide unit employees’ addresses and phone numbers. Local 517 is entitled to all information which is “necessary and relevant” to the discharge of its duty of fair representation. Failure to provide this information is a “per se” violation of the duty to bargain in good faith because it is “fundamental to the expanse of a union’s relationship with the employees.” Local 517 is entitled to the phone numbers and addresses of all unit employees, including the four (of 200) who requested confidentiality. When constitutional privacy rights are implicated, the Board must balance the privacy interests of employees against the union’s need for information. Local 517 needs this information for access to unit members while there is no statutory requirement that prohibits disclosure of the requested information to Local 517. Employer has burden of proof to demonstrate disclosure would compromise confidentiality.

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

Local 517 did not waive the right to this information through the “Confidentiality Information” provision in the Employee Policy Handbook or through Local 517’s failure to request this information in the past, or the District’s claim that the Local 517 representative had agreed to develop a form that the District had not received.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.01000 – In General

Local 517 did not waive the right to this information through the “Confidentiality Information” provision in the Employee Policy Handbook or through Local 517’s failure to request this information in the past, or the District’s claim that the Local 517 representative had agreed to develop a form that the District had not received.