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

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Insistence on a firm bargaining position, without more, even where employer offered more but only after impasse is insufficient to state a prima facie showing of bad faith under the totality of the circumstances; A party may maintain a firm bargaining position so long as the party provides an explanation sufficient to allow the process of bargaining to proceed; p. 2, warning letter. EERA does not require either party to make its last, best, and final offer at any particular time during bargaining process.