December 20, 2011

Taping of a negotiating session prohibited by PERB


Taping of a negotiating session prohibited by PERB
Matter of County of Niagara, Case U-5735

PERB, affirming its Hearing Officer’s decision, held even the presence of a tape recorder at a negotiating session is improper if a party objects.

Earlier decisions had indicated that it was improper for a party to insist on the recording (by mechanical means) of negotiations.

The decision extends the prohibition to the mere presence of a tape recorder if a party finds it objectionable.

Of course the parties remain free to take contemporaneous written notes of the “history of negotiations”, but presumably verbatim transcriptions would also raise concerns which could inhibit negotiations and be prohibited if a party objects.