EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Single Topic for Decision 0321E

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Contractual silence on matter within scope is not waiver. Employee organization's drop of proposal at negotiation table is not waiver. Union representative's conditioned concession where condition not met is not waiver. Union representatives concession based upon total agreement, where not concluded before change, not waiver.