EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 0252E
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Union's waiver must be demonstrated by either "clear and unmistakable" language, or demonstrative behavior waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer; absent employer notice union couldn't have intentionally relinquished its interest in the matter by inaction; pp. 9-10. Waiver must be an intentional relinquishment of the union's rights; p. 10. 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. The fact that union drops a contract proposal during the course of p. 11. The fact that union drops a contract proposal during the course of 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.