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

Single Topic for Decision 0595E

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* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

No waiver from failure to assert right to bargain on an earlier occasion; no waiver by abandoning effort to codify in contract existing statutory rights; evidence insufficient to show parties intended contract layoff provision to cover reductions, therefore no waiver.