EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 0269S
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Union conduct did not indicate waiver of a reasonable opportunity to bargain merely because union representative acknowledged that district representative was "following orders;" pp. 12-13. Successful assertion of the defense of laches requires a showing that (1) Charging Party unreasonably delayed in asserting its claim, and (2) Charging Party either acquiesced in the act about which it now complains, or Respondent relied to its detriment on charging party's conduct or silences; laches not demonstrated by these facts; p. 13.