EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Lack of Sufficient Authority

Single Topic for Decision 1326E


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606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.18000 – Lack of Sufficient Authority

In this case, the parties on two occasions specifically discussed the authority of the District's lead negotiator. These discussions culminated in the District's endorsement of its negotiator's authority. Under these circumstances, the District's subsequent revelation that it had assigned a negotiator who did not possess sufficient bargaining authority constitutes a separate indicator of bad faith bargaining. By that conduct, the District significantly delayed and thwarted the bargaining process; pp. 5-6.