EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Outright Refusal to Bargain

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A party engaging in a technical refusal to bargain takes on several risks aside from the risk of work stoppage or other consequences of labor strife. First, as in any case before it, PERB can issue litigation sanctions if any party takes a frivolous position in bad faith. Second, even when there is no cause for litigation sanctions, if an employer pursues an unsuccessful technical refusal over a unit determination, the charging party union may be entitled to reimbursement of its increased costs outside of litigating the technical refusal charge, which may include increased costs for organizing, bargaining, lost dues, or legal costs beyond litigating the charge itself. (pp. 17-18.)