IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH – Declaration/Determination of Impasse

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The City’s refusal to negotiate after presenting a revised bargaining proposal, the limited number of face-to-face bargaining sessions that preceded the declaration of impasse, and the City’s refusal to provide any explanation for its sudden change in its LBFO, considered together, indicates that the City prematurely declared impasse without bargaining in good faith. An administrative law judge must have latitude to make reasonable inferences, based on the totality of the circumstances in the record, of whether future negotiations would be futile when determining if impasse was prematurely declared.