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

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In order to sustain an allegation of unlawful bypassing, the charging party must demonstrate that the employer worked directly with bargaining unit members, and not the exclusive representative, to create a new policy or modify an existing policy affecting negotiable subjects of general application to unit members; p. 7.