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

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“Making proposals that are predictably unacceptable to the other party is a well-established indicium of bad faith bargaining.” (Children of Promise Preparatory Academy (2018) PERB Decision No. 2558, p. 33.) The Board noted that the City’s opening proposal was identical, or nearly so, to the policy which led to the dispute, but found the City’s proposal was not predictably unacceptable where the City showed flexibility on the proposal from the outset and the City’s conduct did not frustrate negotiations.