EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP – In General

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603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.01000 – In General

An employer’s duty to bargain in good faith requires that it provide the exclusive representative with notice and an opportunity to negotiate in good faith over matters within the scope of representation. Consistent with the principle of exclusivity, an employer may not communicate directly with employees to undermine or derogate the representative’s exclusive authority to represent unit members. [Citations.] A charging party may demonstrate that an employer has unlawfully bypassed the exclusive representative by showing that the employer dealt directly with its employees to create a new policy of general application, or to obtain a waiver or modification of existing policies applicable to those employees. [Citations.] (p. 22.)