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

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Legislative preference for collective bargaining through exclusive representation generally prohibits employer from presenting its bargaining proposals to employees instead of to their designated representatives. By enacting EERA section 3549.1, the Legislature intended that negotiations would be attended only by the parties’ representatives, absent an agreement or established practice to the contrary.