What constitutes a bypass of the exclusive representative?
In certain situations, an agency must deal only with the union that exclusively represents the bargaining unit employees. The agency may not deal with the employees directly, even if the agency offers the union an opportunity to be present and to actively participate. Rather, the union can insist that the agency only deal with it. The failure of an agency to deal only with the union under these circumstances is a bypass and an unfair labor practice.
