EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Concealment/Misrepresentation
Single Topic for Decision 2151H
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606.19000 – Concealment/Misrepresentation
A party to a fact finding hearing does not violate EERA by failing to present all information that the other party wishes it would, or putting its own spin on the data. Charging party fails to present facts that establish the employer engaged in misrepresentation. Moreover, even if the allegation of misrepresentation is taken as true, a single indicia of bad faith is not sufficient to establish a prima facie case for bad faith bargaining under the totality of circumstances test.