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

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Where there is an obligation to do so, failure to return to the status quo, if proven, would be an indicator of bad faith. (County of Kern (2018) PERB Decision No. 2615-M, p. 11, fn. 8 [restoring the status quo is a necessary condition for meaningful bargaining to occur]; City of San Ramon (2018) PERB Decision No. 2571, p. 15 [good faith bargaining is not possible when employer has already “imposed the very terms under discussion, thereby forcing [the union] to start from a position of having to talk the [employer] back to the status quo.”]; City of Palo Alto (2017) PERB Decision No. 2388a-M, p. 49 [compelling a union to bargain back to the status quo makes impossible the give and take that is the essence of good faith bargaining]; County of Santa Clara (2013) PERB Decision No. 2321-M, p. 24 [bargaining “from a hole” is futile, and restoring the status quo is necessary so that “bargaining may proceed on a level playing field.”].)