kdb209
Registered User
- Jan 26, 2005
- 14,870
- 6
The Messenger said:How can that be proven ??Originally Posted by kdb209
Yes it is, it that's all you're trying to do - it's called Surface Bargaining.
NLRB can't read what is going on in Goodenow's head ..
It could be demonstrated by things like:
- not following up on the offer
- refusing to negotiate what you just proposed
- any PA memo's which might be subpoened or leaked
- a pattern of behavior - ie does the PA make a series of "last minute" offers with no real progress being made.
But remember this is only relevant if the NLRB is deciding on whether an impasse exists (not the league bad faith case), in which case it will be as much up to BG to justify that the offer was real and that progress was possible as it will be up to GB to argue that it was mereley surface bargaining.