UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
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804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
A party does not engage in regressive bargaining if it offers a sufficiently credible and rationally supported justification of changed circumstances that explain why it has made a proposal that ostensibly appears to move the parties further away from a resolution. (City of Palo Alto (2019) PERB Decision No. 2664-M, p. 6, fn. 5; City of Arcadia (2019) PERB Decision No. 2648-M, p. 39.) There were credible and rational changed circumstances supporting Union’s decision to begin covering an additional bargaining unit in its proposals: two months into the negotiations, the County recognized Union as the exclusive representative of the additional bargaining unit.