EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Outright Refusal to Bargain

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605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

The Governor does not fail to meet and confer in good faith through the act of submitting a budget to the Legislature prior to meeting and conferring with State employee unions. The submission of a proposed budget is not a matter for negotiations, but is instead the performance of a constitutionally imposed duty; p. 10, proposed dec. The Governor does not fail to meet and confer in good faith by preparing a State budget prior to negotiations with State employee unions. The Governor's initial determination on State employee pay and benefits may be made for budgetary purposes prior to negotiations; p. 11, proposed dec. No per se violation can be found in the Governor's pre-negotiations discussions with members of the Legislature about specific negotiable matters. Evidence of such discussions might under some circumstance, be appropriate to evaluate under the totality of the circumstances; matters. Evidence of such discussions might under some circumstance, be appropriate to evaluate under the totality of the circumstances;