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 2078S


View all topics for Decision 2078S

Full Decision Text (click on the link to view): Full Text

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

Charge failed to state prima facie case of bad faith bargaining under either per se or totality of conduct test because DPA’s failure to make or respond to economic proposals was justified during period when funds available for State employee compensation were uncertain due to an unprecedented State budget deficit. In light of these circumstances, DPA negotiators’ lack of authority to bargain over economic items did not delay or thwart bargaining, particularly as the parties reached agreement on several non-economic items.