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

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* * * OVERRULED IN PART ON OTHER GROUNDS by Stats. 2011, ch. 539 (S.B. 857), § 4, and OVERRULED IN PART ON OTHER GROUNDS by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, as recognized in Oakland Unified School District (2024) PERB Decision No. 2906. * * *

Employer’s refusal to agree to employee organization’s proposal to incorporate state regulations setting minimum nurse-to-patient staffing ratios into collective bargaining agreement constituted “hard bargaining.” Employer’s position was supported by rational arguments and clearly communicated to union at the bargaining table.