"END-RUN" BARGAINING: LIMITS ON PUBLIC EMPLOYER COMMUNICATIONS WITH EMPLOYEES AND THE PUBLIC IN PENNSYLVANIA

DAVID R. KELLER AND DANIEL J. PHELAN


DOI: 10.2190/618M-788D-1E41-7Q2W

Abstract

The duty to bargain in good faith requires the designated representatives of the parties to engage in negotiations at the bargaining table with the intent of reducing the agreement to writing. The employer is prohibited from directly negotiating with the employees and undermining the exclusive bargaining rights of the labor organization. Sometimes a party engages in "end-run" bargaining and attempts to use whatever political or institutional advantages it may have to secure an agreement where it might not have been able to do so at the bargaining table. In an effort to prevent "end-run" bargaining, some jurisdictions have restricted communications between persons other than the designated bargaining representatives by agency and court decisions or through legislation. This article examines the Pennsylvania Labor Relations Board's approach to dealing with a public employer that engages in end-run bargaining by appealing directly to employees or the public about the status of labor negotiations.

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