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

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603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

The Board found that the employer’s e-mail about impending schedule changes, which it sent directly to union members during the pendency of successor contract negotiations, unlawfully bypassed the union. The problem with the e-mail was twofold: first, it dealt with a bargainable topic while ignoring the union and instead directly and exclusively addressing employees. Second, the timing of the e-mail jeopardized the unit members’ perception of the union’s authority precisely at a time such authority was critical, as the tentative agreement had yet to be ratified. Similarly, a manager’s meeting with union-represented employees about the schedule changes prior to the conclusion of successor contract negotiations had the effect of undermining the union’s authority as the exclusive representative by suggesting that employees could communicate directly with the employer about policy changes within the scope of representation. This action hampered the union’s ability to fully meet and confer with the employer during the unfinished negotiations process. (pp. 22-23.)