What is an employer's duty to bargain in good faith?

An employer’s duty to bargain in good faith is a legal obligation to negotiate the terms and conditions of employment in a fair and honest way. This duty is covered in the California Labor Code as well as the National Labor Relations Act. An employer is expected to present and discuss reasonable proposals during the negotiations, consider counter-proposals, and generally participate in a cooperative dialogue about the terms and conditions of the employment. The employer must also provide employees with relevant financial data necessary for a meaningful discussion of wages, benefits, and other terms of employment. Although an employer is not required to agree to any proposal or part of a proposal made by the employees, the employer must demonstrate a willingness to negotiate, and must display a considerable willingness to come to an agreement. If an employer refuses to negotiate or only presents unreasonable proposals, then the employer may be accused of not bargaining in good faith. This can result in legal action or a grievance being filed against the employer. Employers should make sure to remain compliant with bargaining laws in order to avoid any potential legal consequences. Employers should also be mindful of workers’ rights to fair work conditions and strive to create an environment of open, honest, and professional dialogue between employees and employers.

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What is an employer's duty to bargain in good faith?

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