1. Duty to Bargain (White &GE)
Tuttle-Friendly View (White Majority/GE Dissent)
Search for Bad Faith
BF defined as absence of desire to reach agreement with union
in writing and signed
Focus on
process, no obligation to make concession
Generally Objective Standards
Kaufman-Rives View (GE Majority/White Dissent)
Search for Good Faith
Meeting of minds
common ground
Er willingness to sign agreement not a per se indicator of good faith (Kaufman: “mutually satisfactory” accord)
Generally Subjective Standards

2. “Surface Bargaining”
Negotiation designed to frustrate or avoid mutual agreement
“going through the motions”
Indicators of surface bargaining
Adamant insistence
Delaying tactics and arbitrary scheduling
Unreasonable bargaining demands (refusal to consider grievance procedure and arbitration)
Withdrawal of agreed upon items
Inserting new items late in negotiations
Degrading statements toward union (“slim majority”)
Developing Labor Law, 5th Ed., pp

3. Issues Concessions Agreement on some issues may show good faith
may not definitively indicate bad faith
may be used to show good faith
Agreement on some issues may show good faith
“Hard bargaining” not illegal
Does nature of Er’s proposals nullify union as a bargaining agent?
Insistence on incorporation of Er handbook bad faith

4. Other Indicators Dilatory tactics
Lack of authority of negotiators to agree
Imposing conditions