Direct dealing is a type of unfair labor practice where the employer bypasses the union. One type of direct dealing involves a situation where the employer (a supervisor, department head, appointing authority, etc.) deals directly with individual employees to make a change in the terms and conditions of employment instead of dealing with the employee’s collective bargaining representative. An employer may not bypass the union and deal directly with employees on matters that are properly the subject of negotiations with the bargaining unit’s exclusive representative.
The second type of direct dealing involves an employer communicating directly with employees to undermine the union’s authority to represent the bargaining unit. It is not direct dealing to provide objective and fact-based updates regarding bargaining.
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