EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Time Limit on Negotiations

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The County did not improperly or prematurely declare impasse or set an arbitrary deadline when it asked for SEIU’s response to its LBFO by a requested date three weeks out, even when the County did not explain what would happen if SEIU did not respond by the requested date. Nor did the County insist that negotiations conclude by a certain time, and it took no action when SEIU did not respond by the requested date. Further, SEIU did not communicate to the County at any point that it had any movement to make or new proposals to offer, and SEIU’s conduct demonstrated that it believed further discussions would be futile.