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

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Board rejected Alliance’s false dichotomy between a party’s conduct during bargaining and a party’s conduct during the TA ratification process. Good faith bargaining demands that the entire course of parties’ bargaining conduct, both at the table and away from it, manifests good faith efforts toward reaching an overall agreement. (City of San Ramon (2018) PERB Decision No. 2571-M, pp. 7; City of San Jose (2013) PERB Decision No. 2341-M, pp. 22-23; cf. San Bernardino County Superintendent of Schools (2024) PERB Decision No. 2934, pp. 15-16 [in evaluating a claimed failure to participate in good faith in impasse resolution procedures, PERB applies the same per se and totality of conduct tests that govern bad faith bargaining claims] and Regents of the University of California (2026) PERB Decision No. 3010-H, pp. 5-8 [same].) Alliance could not separate its bargaining for a first contract from ratification of that contract. (pp. 41-42)