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

Single Topic for Decision

View all topics for Decision

Full Decision Text (click on the link to view): Full Text

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.)