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

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Allegations that: (1) the State unilaterally set the area of layoff; (2) it disseminated that area to employees and the union; (3) employees relied upon this area in making life and career decisions; (4) the first bargaining session occurred days before the election interviews; (5) the State could not change the area of layoff in such a short time frame; (6) the State offered no counter proposal regarding the layoff area; and (7) the area of layoff remained unchanged through bargaining, did not establish “take-it-or-leave-it” attitude on the part of the State so as to establish a prima facie case of surface bargaining. The State provided ample notice and an opportunity to bargain over the effects of its decision to implement the layoff and participated in seven negotiating sessions during which both sides presented proposals. The evidence indicates that neither party was willing to yield its position. The State’s adamant insistence on its bargaining position does not establish a failure to bargain in good faith.