Because good faith, during collective bargaining, is a matter of subjective intent, a party's actions cannot be used to indicate the party's good or bad faith.

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Good faith during collective bargaining is not solely a matter of subjective intent. The actions of a party can be used to demonstrate whether they acted in good or bad faith during negotiations. This is known as the "totality of conduct" test.

Because Good Faith, During Collective Bargaining, Is a Matter of Subjective