When a union says an employer refused to bargain in good faith, it can disrupt the entire negotiation process. If you’re a California employer, knowing how to respond and show your honest efforts to negotiate can protect your business and help maintain fair talks.
Understanding the duty to bargain in good faith
Both state and federal labor laws require employers and unions to bargain in good faith. This means both sides must meet and try to reach an agreement on pay, hours, and working conditions. You don’t have to accept every proposal, but you must show you are trying to find common ground. Pretending to negotiate or showing up without real intent to agree—known as surface bargaining—is one of the main reasons unions file complaints.
Keeping clear records of negotiations
Good records are one of the best defenses. Keep notes, emails, and meeting summaries that show your participation and willingness to discuss issues. Provide written proposals, respond to union messages on time, and keep proof of counteroffers and meeting schedules. These details can show you were open and engaged in the process, not trying to delay it.
Avoiding actions that look like bad faith
Certain behaviors can make it look like you aren’t bargaining fairly. Changing employee pay or conditions during talks, skipping the union to deal directly with workers, or setting unfair deadlines can all hurt your case. Instead, keep current conditions the same until talks are done and communicate through the union. Professional, clear communication helps prevent confusion and builds trust.
Showing consistency and respect
Consistency matters when defending against a bad-faith claim. If you attend meetings, stay open to proposals, and explain your positions clearly, it shows you are acting in good faith. Even when you disagree, giving reasons instead of refusing to discuss a point can help show your sincerity.
Following labor law standards
You can protect your company by following both federal and state laws. Regular training for managers on how to document and handle negotiations helps everyone stay compliant. Being transparent, fair, and respectful goes a long way in avoiding claims of bad faith.
Building stronger labor relationships
Good-faith bargaining isn’t only about compliance—it also builds long-term trust between employers and unions. When both sides respect the process and act with transparency, negotiations are more likely to succeed. A cooperative approach can prevent future disputes and create a more stable and productive workplace for everyone.