EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Conduct Outside of Negotiations; Prior UPs

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Evidence of separate unfair practices, including the respondent’s conduct at or away from the bargaining table, is part of the totality of circumstances that may indicate bad faith in support of a surface bargaining allegation. Where a surface bargaining charge includes factual allegations that would constitute per se violations of the duty to bargain, the charging party may, in effect, allege those facts twice – once as standalone or “per se” violations, and once as indicators of the respondent’s bad faith within the totality of circumstances.