EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT – With Nonexclusive Representatives

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EERA section 3543.2, which provides that an employer may consult with any employees or employee organizations about matters outside of scope, is limited by other provisions of the EERA, such as section 3543.1(a) which states that only the exclusive representative may represent that unit in their "employment relations" with the public school employer. This limitation on rival unions is not limited to negotiable items, but applies to the broader arena of "employment relations." However, mere discussion between management and other employee groups, rather than making recommendations to management, does not constitute "dealing with" the employer.