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Failure to agree to a union?s demand, without more, does not constitute bad faith
Hewlett Woodmere Administrative and Supervisory Association And Hewlett-Woodmere Union Free School District, PERB U-27459

PERB Administrative Law Judge Cacavas ruled that a charge filed more than four months after the Association knew or should have known that an impact bargaining violation had occurred is untimely and must be dismissed. Where there is a failure to file in a timely fashion, subsequent events will not extend the period of limitations.

Notwithstanding the timeliness issues, the mere facts that an employer would not agree to a union's demands or proceed in negotiations according to the Association's wishes, does not constitute bad faith. A totality of the conduct analysis is required to determine both parties' sincerity in desiring to reach resolution.

Full post as published by New York Public Personnel Law on February 25, 2010 (boomark / email).