EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Predictably Unacceptable Offer

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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. * * *

Employee organization’s amended proposal to incorporate state regulations setting minimum nurse-to-patient staffing ratios into collective bargaining agreement was predictably unacceptable because employer had previously rejected proposal incorporating language of regulations verbatim and amended proposal consisted of same language with code section numbers removed.