EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Failure to Provide Counter-Proposals

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* * * OVERRULED IN PART ON OTHER GROUNDS by Stats. 2011, ch. 539 (S.B. 857), § 4. * * *

Employer not obligated to make counterproposal to proposal that is predictably unacceptable. Employee organization’s amended proposal 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. Employer thus was not required to respond differently than it had to the original proposal.