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

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PERB uses “totality of the conduct” and “totality of the circumstances” interchangeably to describe the standard for assessing bad faith bargaining conduct that is not per se unlawful—conduct PERB frequently characterizes as “surface bargaining.” (p. 9, fn. 8.)