EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – In General
Single Topic for Decision 0864E
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604.01000 – In General
Employer's refusal to provide necessary and relevant information upon request from association in grievance hearing constituted bad faith bargaining as employer failed to provide reason why it refused to provide this information; p. 18. In refusal to provide information, relevance is determined by liberal discovery-type standard; information is not deemed irrelevant simply because an exclusive representative is able to negotiate a contract or present a grievance without the information; proposed dec., p. 41. Employer's refusal to provide information constituted violation of EERA section 3543.5(c); conduct also denied Association its statutory right to bargain on behalf of unit members and thus violated section 3543.5(b); conduct further denied employee's right to have representation on a contract grievance and thus also violated section 3543.5(a); p. 18. representation on a contract grievance and thus also violated section 3543.5(a); p. 18.