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

Single Topic for Decision 2103M

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* * * OVERRULED IN PART ON OTHER GROUNDS by City of Sacramento (2013) PERB Decision No. 2351-M. * * *

Employer illegally bypassed the union when it created and implemented procedures for employees to rescind service credit purchases made pursuant to the MOU between the parties, and solicited employees directly to rescind the transactions. Employer press release and website posting soliciting employees to rescind service credit purchases were not protected employer communications, as the statements went beyond merely informing employees of existing facts, views, arguments or opinions. Employer speech that is used as a means of violating the Act, or that evidences an attempt to bypass the exclusive representative is not entitled to protection.