EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP – Circumvention of Union; Direct Dealing With Employees

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The charge did not allege that the employer approached any employees to obtain a waiver or modification of an existing policy. Nor did it allege that the employer approached employees with a proposal for a new vaccination disclosure policy without first presenting such a proposal to the union. Rather, the charge allegations show that the employer presented the new vaccination disclosure policy to employees (and to the union) as a fait accompli. Therefore, the allegations in the charge fail to establish a prima facie case of direct dealing and dismissal of this allegation is affirmed. (pp. 24-25.)