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

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One useful approach in addressing the issue of surface bargaining is to consider the indicia of bad faith with a view to the extent to which the offending conduct obstructs and subverts, or tends to obstruct and subvert, the negotiations in the context of the entire course of bargaining.