EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP – Usurping the Role of Union as Rep; Employer Speaking to or on Behalf of Employees
Single Topic for Decision 1286E
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603.03000 – Usurping the Role of Union as Rep; Employer Speaking to or on Behalf of Employees
No EERA violation when District distributed flyers to bargaining unit employees which stated that "the District started this process based upon the principles of Interest Based Bargaining" and that the District's flyer is "the most accurate characterization of [the Association's] actions," because PERB generally permits employers to communicate directly with employees, so long as the communication contains neither threat of reprisal or force, nor promise of benefit. During negotiations, an employer is obligated to present factually accurate information and may not engage in conduct to derogate the exclusive representative's authority; p. 4, warning letter; citations.