Decision 2190M – City of Redding

SA-CE-553-M

Decision Date: June 30, 2011

Decision Type: PERB Decision

Description: The Board affirmed a proposed decision by an ALJ that found the City violated the MMBA when it refused to provide SEIU with a copy of an investigative report.

Disposition: The Board held that the report in question was presumptively relevant and subject to disclosure, unless otherwise precluded by law.  In addition, the Board held the City failed to justify withholding the report on confidentiality grounds.  Last, the Board held that, although the report was subject to disclosure, all employee names and other identifying information in the report must be redacted.

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Perc Vol: 36
Perc Index: 14

Decision Headnotes

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

Presumptively relevant information includes, but is not limited to, information related to: wages; benefits; discipline; staffing; enrollment projections; names and home addresses of former employees to determine reinstatement or back pay entitlement; rating sheets; personnel files; employees affected by a reduction in work hours; seniority lists; subcontracting information; and investigative information related to issues of a potentially hostile or unsafe work environment. However, if recognized privacy or confidentiality right outweighs the union’s interest, then it is proper to redact sensitive information.