EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – In General, Per Se and Totality of Conduct; Prima Facie Case

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An employer’s willingness to delay implementation, to meet with the representative, or even to rescind a unilaterally-adopted policy, after it has demonstrated by its conduct that it has already reached a firm decision to implement the policy does not mitigate or excuse the unlawful conduct because a unilateral action regarding negotiable matters is a per se violation for which no evidence of the employer’s subjective motive is necessary. A City’s willingness to meet promptly with the representative and to engage in “positive” and “upbeat” discussions, after the City had already reached a firm decision and begun meeting with affected employees to implement the change does nothing to cure or mitigate the unilateral change.