Service Employees Int’l Union Local 503 v. U of O

The University of Oregon (the University) appealed an order from the Employment Relations Board (ERB). The University assigned error to the ERB’s determination that the University failed to act in good faith when bargaining with Service Employees International Union Local 503 (the Union) by redacting objective, factual information concerning workplace complaints. On appeal, the University argued that the ERB failed to weigh the confidentiality of information under the University’s Factual Records Policy (FRP). The Public Employee Collective Bargaining Act (PECBA) requires public employers “… to collectively bargain in good faith under ORS 243.672(1)(e) [which] includes the duty to provide an exclusive representative with requested information that has some probable or potential relevance to a grievance or other contractual matter.” Service Employees Int’l Union Local 503 v. U of O, 312 Or App 377, 380-81, 494 P3d 993 (2021). To determine whether the duty has been fulfilled under PECBA, the ERB must decide whether the nature and content of the information, under the totality of the circumstances, requires the disclosure. If the information is confidential, the ERB must balance the public employer’s confidentiality interest in the information against the exclusive representatives need for the information. The Court found that the confidential information requested by the Union outweighed the University’s interest in maintaining the information concerning a supervisor. Thus, the Court held that the University did violate its duty to bargain in good faith under ORS 243.672(1)(e) when it redacted objective, factual information. Affirmed.