Headnote for 0160E, 603.04000 - Circumvention of Union; Direct Dealing With Employees - California Public Employment Relations Board

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

Single Topic for Decision 0160E

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603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

Where an overtime policy has been negotiated and put into effect an employer does not bypass the exclusive representative by implementing it. To prove that the employer bypassed the union, it must be shown that the employer sought either to create a new overtime policy of general application or to obtain a waiver of the existing policy from an employee.