EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP – Circumvention of Union; Direct Dealing With Employees
Single Topic for Decision 1504E
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603.04000 – Circumvention of Union; Direct Dealing With Employees
An employer may not communicate directly with employees to undermine or derogate the representative’s exclusive authority to represent unit members. Similarly, the employer violated the duty to bargain when it bypasses the exclusive representative to negotiate directly with employees over matters within the scope of representation. In the face of CSEA’s expressed opposition to the elimination of Social Security benefits, the District’s failure to notify CSEA of the election and the decision to implement the results constitute interference with CSEA’s right to represent unit employees in violation of EERA section 3543.5(b).