EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – In General
Single Topic for Decision 0080E
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606.01000 – In General
Essence of surface bargaining is where a party goes through the motions of negotiations, but in fact is weaving otherwise unobjectionable conduct into an entangling fabric to delay or prevent agreement; specific conduct may be wholly proper, but when placed in the context of the negotiations supports the conclusion that the party is not negotiating with the requisite subjective intent to reach agreement; p. 13.