Decision 2891M – City and County of San Francisco
SF-CE-1779-M
Decision Date: February 27, 2024
Decision Type: PERB Decision
Description: The complaint alleged that the City and County of San Francisco violated the MMBA by refusing to provide SEIU with certain data it requested to investigate a class action grievance alleging that the City discriminated against African American employees, including by extending their probationary period and/or releasing them from probation. Among the categories of information that the City refused to provide was disaggregated race/ethnicity data for employees who the City released from probation or who had their probationary periods extended. After an ALJ issued a proposed decision in SEIU’s favor, the City excepted as to liability, while SEIU’s exceptions sought attorney fees for litigating its information request UPC and arbitrating its discrimination grievance.
Disposition: The Board denied both parties’ exceptions. The City did not prove that disclosing disaggregated race/ethnicity information to SEIU would invade privacy in a manner that is serious in both its nature and scope, much less that there is a serious privacy invasion that outweighs SEIU’s purpose in investigating potential discrimination. The Board did, however, order SEIU not to release or use the disaggregated information other than as needed to investigate and/or seek to prevent, lessen, ameliorate, or remedy potential workplace discrimination or other potential legal or contractual violations. The Board found no basis for attorney fees for litigating the UPC given that the case involved an issue of first impression before PERB. The Board also found no basis for the compliance officer to consider SEIU’s request for attorney fees in arbitration given that SEIU had kept the UPC in abeyance until after the arbitration was complete.
Perc Vol: 48
Perc Index: 132