EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Conduct Outside of Negotiations; Prior UPs

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606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.08000 – Conduct Outside of Negotiations; Prior UPs

The employer’s expressed concern that a union’s specific proposal violates the law did not signal an outright refusal to bargain where the evidence shows the employer continued to negotiate over the issue in general. (p. 44.) The employer’s unlawful position that regional bargaining was not required did not evidence bad faith in the parties’ successor MOU negotiations because the employer’s stated position pertained to discussions about the parties’ “current” contract and its response to the union’s notification of anticipated litigation. (p. 45.)