Service Employees International Union Local 503, Oregon Public Employees Union v. University of Oregon

“It is well settled that a public employer’s obligation to collectively bargain in good faith under ORS 243.672(1)(e) includes promptly providing and exlusive representative with requested information that has ‘some probable or potential relevance to a grievance or other contractual matter.’” Association of Oregon Corrections Employees v. State of Oregon, Department of Corrections, Case No. UP-7-98, 18 PECBR 64, 70 (1999).

The University of Oregon petitioned for review of an order by the Employment Relations Board (ERB) regarding an unfair labor practice case, pursuant to ORS 663.220. The University assigned error to the ALJ’s conclusion that the records were not confidential under FERPA and ERB’s order was misread. On appeal, the university argued that the information requested by SEIU included student records that were afforded protection by FERPA, 20 USC §1232g, and that not providing the information was correct based on its obligations under FERPA and therefore, ERB was incorrect when it concluded that the university violated ORS 243.672(1)(e) by not providing the information requested. In response, ERB argued that the obligation to provide information does not allow an employer to withhold the information by just stating that the information is confidential. “It is well settled that a public employer’s obligation to collectively bargain in good faith under ORS 243.672(1)(e) includes promptly providing and exclusive representative with requested information that has ‘some probable or potential relevance to a grievance or other contractual matter.’” Association of Oregon Corrections Employees v. State of Oregon, Department of Corrections, Case No. UP-7-98, 18 PECBR 64, 70 (1999). The Court of Appeals held that the ERB did not err in its decision. Affirmed.