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

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Under the totality of conduct test, the Board found the following indicia of the County’s bad faith: misrepresenting facts (Rio School District (2008) PERB Decision No. 1986, p. 12); failing to explain a bargaining position in sufficient detail or to provide requested information supporting a bargaining position, without an adequate reason for such failure (City of Davis (2018) PERB Decision No. 2582-M, pp. 19-20, citing NLRB v. Truitt Mfg. Co. (1956) 351 U.S. 149, 152-153; City of San Jose (2013) PERB Decision No. 2341-M, p. 42); engaging in dilatory or evasive tactics, failing to prepare adequately for negotiations, or failing to take one’s bargaining obligation seriously (Children of Promise Preparatory Academy (2018) PERB Decision No. 2558, p. 26; Oakland Unified School District (1983) PERB Decision No. 326, pp. 33-34); and making a time-limited, i.e., “exploding,” offer without a legitimate basis. (City of Arcadia (2019) PERB Decision No. 2648-M, p. 43.) (pp. 36-37.)