EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP – Circumvention of Union; Direct Dealing With Employees
Single Topic for Decision 1783M
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603.04000 – Circumvention of Union; Direct Dealing With Employees
* * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M, where the Board held that a union does not circumvent the employer’s negotiator by making presentations to employer’s governing board, provided it does not make new proposals materially differing from those it made at the bargaining table. * * *
The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the Meyers-Milias-Brown Act by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate.