EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Other
Single Topic for Decision 2251M
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606.15000 – Other
Where charge alleged that public agency maintained its position on PERS cost-share proposal, the charge failed to establish that public agency maintained a take-it-or-leave-it attitude rather than a hard bargain based on a sincerely held belief that long-term structural changes were necessary to address the financial conditions; in addition, assuming the cost-share provision to be non-mandatory, the parties were not precluded from bargaining over it as the union never raised any objection to the public agency’s proposal to modify the cost-share provision nor did it refuse to negotiate the provision; with only one indicia of regressive bargaining established, the charge failed to state a prima facie case of bad faith bargaining.