EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

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After three months, the City eventually stopped unlawfully interpreting its Charter and bargained over the union’s proposal for a retroactive payment. But retraction is not available as a defense to having applied a local rule unlawfully and engaged in per se bad faith bargaining, and even when a retraction defense is available against a bad faith bargaining claim, retraction after three months of bad faith conduct does not immunize a party against liability. (p. 13.)