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

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Charging party’s claims that the employer has withdrawn from tentative agreements, appeared at a meeting without looking at a previous proposal, and refused to discuss any wage proposal, were insufficient, by themselves, to establish a claim for surface bargaining. The allegations lack the clear and concise factual context necessary to establish an indicia of surface bargaining. It is a charging party’s responsibility to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Where charging party failed to do so the charge failed to establish a prima facie case for surface bargaining.