EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case
Single Topic for Decision 1156E
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601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART by City of San Jose (2013) PERB Decision No. 2341-M, where the Board held that only one indicator of bad faith is required for bad faith bargaining under the totality of conduct test, if that one indicator is sufficiently egregious to frustrate negotiations. * * *
Under the totality of conduct test, the allegation of a sinle indicia of bad faith bargaining (in this case, the allegation of reneging on a tentative agreement) does not establish a prima facie case of bad faith bargaining; p. 2.