On January 31, 2025, the California Public Employment Relations Board (“PERB” or “Board”) held in Trustees of the California State University (Stanislaus) (2025) PERB Dec. No. 2940-H that recognized unions cannot obtain confidential peace officer personnel records through a traditional request for information (“RFI”), but instead only through the Pitchess process.[1] PERB’s ruling signals a rare limitation on the otherwise-broad right of unions to obtain information from employers pursuant to their statutory representational duties. While the Board has found statutory labor law to apply unconstrained by the parallel provisions in other sources of state law (such as the CPRA), the clear and “unique” Pitchess statutory scheme required the Board to place limits on union’s RFI rights.
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