GENERAL LEGAL PRINCIPLES; WAIVER – By Contract/Zipper Clauses/Management Rights Clauses

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1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 10. Purpose of zipper clause is to foreclose further requests to bargain negotiable matters during the life of a contract; it does not cede to the employer the right to make unilateral changes in the status quo; p. 11. Union does not waive its right to negotiate by failing to request negotiations where it had no notice of the intended change before the decision had been firmly made; pp. 16-17.