Decision 2940H – Trustees of the California State University (Stanislaus)
SA-CE-427-H
Decision Date: January 31, 2025
Decision Type: PERB Decision
Description: California State University Employees Union (CSUEU) filed a request for information with the California State University, Stanislaus, to obtain a copy of a report of investigation concerning allegations of harassment by a peace officer against a CSUEU-represented employee. The University refused to provide a copy of the report, citing laws deeming peace officer personnel records to be confidential. The University further refused to meet and confer with CSUEU to address confidentiality concerns. CSUEU filed an unfair practice charge alleging that the University’s “flat refusal” of its request violated the Higher Education Employer-Employee Relations Act (HEERA). PERB’s Office of the General Counsel (OGC) dismissed the charge. CSUEU appealed.
Disposition: The Board held that HEERA must be interpreted to provide the same level of confidentiality and procedural safeguards for peace officer personnel records that the Legislature established with the Pitchess statutes, a set of discovery statutes permitting limited disclosure of covered records. These include but are not limited to notification to the affected peace officer, establishing relevance and materiality of the records, and in camera review by a hearing officer. These safeguards are available in an arbitration or unfair practice proceeding, but not in a pre-dispute information request where no hearing officer has been assigned. Therefore, the Board held that meeting and conferring over CSUEU’s request for information, on the facts of this case, would have been futile, and affirmed OGC’s dismissal of the charge.
Perc Vol: 49
Perc Index: 130
Decision Headnotes
604.01000 – In General
An exclusive representative is presumptively entitled to information that is necessary and relevant in discharging its representational duties or exercising its right to represent bargaining unit employees regarding terms and conditions of employment within the scope of representation.
604.04000 – Confidentiality; Privacy
Typically, an employer may not flatly refuse to provide information based on privacy concerns. Rather, the parties must meet and confer in good faith to reach an accommodation. Appropriate accommodations for private information include redactions, and arrangements to limit using materials for a given arbitration or negotiation and to prohibit public disclosure.
604.04000 – Confidentiality; Privacy
A record’s exemption from disclosure under the California Public Records Act (CPRA) does not render it absolutely privileged under labor relations statute.
604.04000 – Confidentiality; Privacy
Because of the unique statutory scheme governing confidentiality and disclosure of peace officer records, for records covered by Penal Code section 832.7, the request for information process must follow the procedure provided for by the Pitchess statutes, especially Evidence Code section 1043.
604.05000 – Subjects of Information
Investigatory reports relating to hostile work environment claims impacting bargaining unit members are presumptively relevant to union’s representational duties.