EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Boulwarism

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The County lawfully engaged in hard bargaining by consistently maintaining that it would not agree to economic terms that involved ongoing expenses, and it explained this reason to SEIU in negotiations. The County was open to other proposals to use the one-time funds other than a furlough suspension, but SEIU never presented a proposal that would use only one-time funds. Thus, SEIU failed to establish that the County unlawfully insisted on its initial position by taking a “take-it-or-leave-it” attitude.