All notes for Subtopic 603.03000 – Usurping the Role of Union as Rep; Employer Speaking to or on Behalf of Employees

DecisionDescriptionPERC Vol.PERC IndexDate
1286E Oak Park Unified School District
603.3000: 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
No EERA violation when District distributed flyers to bargaining unit employees which stated that "the District started this process based upon the principles of Interest Based Bargaining" and that the District's flyer is "the most accurate characterization of [the Association's] actions," because PERB generally permits employers to communicate directly with employees, so long as the communication contains neither threat of reprisal or force, nor promise of benefit. During negotiations, an employer is obligated to present factually accurate information and may not engage in conduct to derogate the exclusive representative's authority; p. 4, warning letter; citations. more or view all topics or full text.
222916109/24/98
0873E Charter Oak Unified School District
603.3000: 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
The charge failed to state a prima facie case of bypassing where no facts supporting the allegation that the statements were false, misleading or derogatory. Even if the statements were false, misleading and derogatory, the statements contain no threat of reprisal or force or promise of benefit. Rio Hondo Community College District (1980) PERB Decision No. 128, pp. 15-17. more or view all topics or full text.
152206704/04/91
0811E Sanger Unified School District
603.3000: 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
Employer is not prohibited from communicating with employee to explain the truth about proposals so long as the proposals are first presented to the exclusive representative and the district is merely restating its position. more or view all topics or full text.
142111206/04/90
0777H California State University (California State Employees Association)
603.3000: 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
Employer newsletter, published during negotiations, violated HEERA by announcing that as a result of the State budget employees would receive a 4 percent pay increase for non-faculty staff, effective January 1, 1988. Negotiations were not yet completed and the statements had the effect of undercutting the bargaining relationship envisioned under the Act. Comment constituted unlawful interference and was not protected under section 3571.3. more or view all topics or full text.
142100311/21/89
0623E Los Angeles Community College District
603.3000: 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
Dealing directly with employee re: grievance not bypass where employer did not attempt to "negotiate" with employee. more or view all topics or full text.
111810906/17/87
2485E Petaluma City Elementary School District/Joint Union High School District
603.3000: 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
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. more or view all topics or full text.
412306/30/16