EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES – Inflexible Position
Single Topic for Decision 2243E
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606.02000 – Inflexible Position
PERB has made clear that while a party may not merely go through the motions, it may lawfully maintain an adamant position on any issue; adamant insistence on a bargaining position is not necessarily refusal to bargain in good faith; the obligation of the employer to bargain in good faith does not require the yielding of position fairly maintained; a charge that alleges that the college district refused to entertain proposed modifications to a provision of the parties’ agreement but fails to allege any facts suggesting that the college district’s position was not fairly maintained is insufficient to state a prima facie case of bad faith bargaining.