What are some strategies to avoid bypass situations?
It is sometimes difficult for parties to distinguish an agency’s unlawful bypass of an exclusive representative from a lawful agency communication or a meeting with unit employees. One strategy is simply to refrain from meeting alone with any employee involved in a grievance filed under the negotiated agreement. Also, an agency should keep the union informed of its intentions to communicate with unit employees over conditions of employment. Many times, a bypass allegation accompanies situations where a union is not given the opportunity to be present at a formal discussion.
