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
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