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

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A negotiator’s lack of authority to bind the employer to an agreement indicates bad faith only when the limitation “was intended to or was used to foreclose the achievement of any agreement.” DPA negotiators’ lack of authority to bargain over economic items did not delay or thwart negotiations during period when an unprecedented budget deficit justified DPA’s failure to bargain over economic items. Nor did DPA negotiators’ announcement of their limitation midway through bargaining indicate bad faith because DPA had not previously stated its negotiators had authority to negotiate economic items.