Responding to PERA Requests

With collective bargaining season underway, many schools have experienced an increase in Public Employment Relations Act (PERA) information requests. A school’s failure to timely or appropriately respond to a PERA information request may result in an unfair labor practice charge. 

Reviewing Requests

A school’s duty under PERA to bargain in good faith includes the duty to produce relevant information requested by a union if there is a reasonable probability that the information will assist the union with collective bargaining or with enforcing its collective bargaining agreement. There is a presumption that this standard is satisfied if the requested information relates to bargaining unit member wages, hours, or other working conditions.

If the requested information relates to other matters, such as working conditions for employees outside of the bargaining unit, the union must affirmatively show that the information will assist the union with collective bargaining or in enforcing its CBA. Schools that receive a PERA request for such information have a right to require the union to make such an affirmative showing before the school decides whether to disclose the requested information. A school also has no duty to provide information that is readily available to the union from other sources.

Responding to Requests

An employer must respond to a PERA information request within a “reasonable” time. MERC has not precisely defined “reasonable,” stating that the determination is made on a case-by-case basis. Although a school is not subject to any specific deadline for a PERA response (e.g., ten days), a school should respond promptly to such a request, especially when the requested information is readily available.

A school may either compile and disclose the requested information or grant the union access to its records to retrieve the requested information. If the school compiles the information, it may charge the union a fee for that task. The fee amount is subject to bargaining between the school and the union.

PERA/FOIA Requests

Unions sometimes submit “PERA/FOIA” requests. PERA and FOIA requests trigger different requirements, and responses to combined requests must comply with both laws. A request for records or information does not need to specifically state that it is a PERA or FOIA request.

When in doubt about the nature of a union’s information request, school officials should ask the union representative who submitted the request to clarify whether the request is made under PERA or FOIA, or both. If the union fails to clarify, the request should be processed under both statutes.