After a union forms, can employers bargain with employees individually or in groups without going through the union?

• A. Yes
• B. Only with permission from the NLRB
• C. Only for non-union members
• D. No. The union is the exclusive representative

Answer: (D)

Once a union is certified as the exclusive bargaining representative for the employees in a unit, the employer must bargain with that union for terms and conditions of employment for all those employees. Negotiating directly with individual employees or with small groups bypasses the union and undermines the collective bargaining process, and can amount to an unfair labor practice under the National Labor Relations Act. The union represents everyone in the unit (including non-members for bargaining purposes), so wage, hours, and other mandatory subjects of bargaining must go through the union.