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

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Untimely or unfounded declaration of impasse is not a per se violation of the duty to bargain. Under totality of conduct test, employer’s declaration of impasse on successor collective bargaining agreement, even though the parties had not bargained over the employer’s initial proposal, did not indicate bad faith because the parties were already at impasse over salary and health benefits in re-opener negotiations and declaration was intended to move negotiations forward by invoking EERA impasse procedures. Even if impasse declaration indicated bad faith, charge failed to allege other indicators of bad faith bargaining.