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

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The essence of a surface bargaining is that a party goes through the motions of negotiations but, in fact, weaves otherwise unobjectionable conduct into an entangling fabric to delay or prevent agreement. Although a party may not merely go through the motions of bargaining, it may lawfully maintain an adamant position on any issue. Adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith.