EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – In General

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The standard generally applied to determine whether good faith negotiations have occurred is called the totality of conduct test. This test reviews the entire course of conduct during negotiations to determine whether the parties have negotiated in good faith with the requisite subjective intention of reaching an agreement; p. 3, warning letter. Neither the statute nor PERB case law establishes a timeline for negotiations. The case of an individual set of negotiations is influenced by many factors, including the conduct of both parties to the negotiations; p. 3, warning letter.