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

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The Board found that the charge failed to establish a prima facie case of surface bargaining, despite an allegation that the City took an inflexible bargaining position, where the record indicated that the parties conducted substantive discussions, exchanged proposals and information, asked and responded to questions, and that the City was willing to schedule negotiating sessions. The parties reached tentative agreements on at least eight different issues.