To successfully appeal a disciplinary action, access to all relevant or exculpatory information is often critical. Skelly materials are often inadequate, as the disclosures pertain to the employer's investigation and materials the employer relied upon to sustain the charges, not exculpatory or exonerating materials. While firefighters and peace officers have a statutory right to discovery under their respective bills of rights, the labor relations statutes also provide an underutilized right to obtain disciplinary discovery. A recent ruling from the California Public Employment Relations Board (PERB) in Automotive Machinists Union Local 1414 v. City and County of San Francisco (San Francisco Municipal Transportation Agency) (49 PERC ¶ 181, 2025) provides a powerful precedent to ensure employers supply essential documents for your appeals.
The Automotive Machinists Union Local 1414 filed an unfair practice charge against the City and County of San Francisco for failing to fully respond to a request for information (RFI) related to a bargaining unit member’s discipline. The union requested notes from investigatory interviews and other documents tied to an investigation. The employer provided some notes but omitted key documents and failed to explain their absence, violating the Meyers-Milias-Brown Act (MMBA). PERB’s Administrative Law Judge ruled that this failure breached the duty to bargain in good faith and interfered with employees’ rights to union representation. The remedies included a cease-and-desist order, a directive to diligently seek and provide missing notes if requested, and a requirement to post a notice of compliance.
This ruling is a significant win for public employees, as it reinforces their right to obtain all necessary and relevant information for disciplinary appeals. It establishes that employers must promptly provide documents like investigatory notes, witness statements, or pre-written interview questions—or clearly explain why they cannot—to support your union’s representational duties. If an employer provides incomplete information without justification, the employees and their unions can bring an unfair labor practice charge before PERB arguing the agency violated MMBA Sections 3505 and 3506.5. These rights ensure assess to the full scope of evidence needed to build a strong appeal and better chances of success.
