Decision 0143E – Stockton Unified School District
S-CE-162, 225, 235; CO-39
Decision Date: November 3, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11189
1102.01000 – Pre-Arbitration
Portion of complaint dealing with unilateral implementation of checklist for evaluations is dismissed because contract with binding arbitration has applicable provision.
606.07000 – Inconsistent Position Taken; W/ds or Renege on Tentative Agreement
Following employer's mid-bargaining change of negotiators, new negotiator refused to honor prior negotiator's agreement on ground rules. Board found this position to be evidence of surface bargaining.
606.05000 – Dilatory or Evasive Tactics
Employer's cancellation of meetings and failure to attend scheduled meetings was evidence of surface bargaining.
604.05000 – Subjects of Information
Employer failed to negotiate in good faith by refusing to furnish information about insurance plan premiums. Insurance plans are mandatory subjects of bargaining and premiums paid and benefits granted under a noncontributory insurance plan constitute "wages". Information about such plans are presumptively relevant.
604.03000 – Form of Information Provided; Costs
Employer argument that production of health insurance costs information would be unduly burdensome is rejected. Simple assertion that information does not exist in form sought by union does not establish that compliance with request is unduly burdensome.
604.01000 – In General
The exclusive representative is entitled to all information that is necessary and relevant to discharging its duty to represent unit employees. An employer's refusal to provide such information evidences bad faith bargaining unless the employer can supply adequate reasons why it cannot supply the information. Information pertaining immediately to mandatory subjects of bargaining is presumptively relevant. Employer's refusal to provide information is a per se violation. After a good faith demand by the exclusive representative, a refusal by an employer to supply that information is a separate violation which, standing alone, is a refusal to negotiate in good faith unless the employer can provide adequate reasons why it cannot supply the information.