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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601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

A bona fide impasse exists if parties’ differences are so substantial and prolonged that further meeting and conferring is futile, despite good faith negotiations that were free from unfair labor practices. (City of San Ramon (2018) PERB Decision No. 2571-M, p. 6 (San Ramon); County of Riverside (2014) PERB Decision No. 2360-M, p. 13 (Riverside). A party evidences bad faith if it rushes to impasse or issues an impasse declaration that is premature, unfounded, or insincere. (San Ramon, supra, PERB Decision No. 2571-M, p. 10.) If an employer declares impasse without reaching a bona fide impasse after good faith negotiations, but the employer neither changes employment terms nor refuses to continue bargaining, PERB considers that evidence under the totality of conduct test. (San Ramon, supra, PERB Decision No. 2571-M, p. 7, fn. 9; Riverside, supra, PERB Decision No. 2360-M, p. 12.) In contrast, if the employer in those circumstances refuses to bargain further or proceeds to change employment terms, that constitutes further evidence of bad faith under the totality test, and it also constitutes a per se violation. (San Ramon, supra, PERB Decision No. 2571-M, p. 7, fn. 9; Riverside, supra, PERB Decision No. 2360-M, p. 12.)