ABSTRACT
In cases of relatively blatant severe refusals to bargain, the agency might, in its discretion, order the parties to submit the proposals on the table at the time of the violation to such arbitration. The statute prohibits strikes and sets forth a series of unfair labor practices, including the prohibited practice of refusing to bargain collectively. The parties would be aware that should they commit or complain of a substantial violation of the bargaining obligation, and should such a suit succeed, they would, in a sense, be stuck with their own bargaining positions. The procedure might require some bargaining technique adjustments by the parties. The truism that the legal duty to bargain has only a minor effect upon the parties’ respective bargaining table accomplishments, which are in fact determined more by economic or political strength, is slightly eroded by this procedure.
