EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Outright Refusal to Bargain
Single Topic for Decision 2434E
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605.01000 – Outright Refusal to Bargain
The employer’s refusal to meet with the exclusive representative’s bargaining team so long as it included a team member undergoing disciplinary proceedings was a per se violation of the employer’s duty to negotiate in good faith; EERA gives the parties the right to appoint their own negotiators and forbids either side from dictating who their opposing representatives may be; the determinative issue is whether the presence of the subject representative would create such an atmosphere of ill will as to render good faith bargaining impossible; the proffering of a representative’s voluminous disciplinary record and lengthy disciplinary proceedings is insufficient to meet that bar.