Decision 2246M – City of Santa Monica

LA-CE-426-M

Decision Date: April 6, 2012

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 149

Decision Headnotes

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

An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine

An amendment “relates back” to the original charge only when it clarifies facts alleged in the original charge or adds a new legal theory based on facts alleged in the original charge.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request.