EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – In General
Single Topic for Decision 1156E
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606.01000 – In General
* * * 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 single 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.