Duty to Bargain (White

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. 864-73.

3
Issues

• Concessions
• 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 Ers 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