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

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No waiver by inaction where decision to lay off did not put union on notice of later and separate decision to contract out; p. 9; p. 23, proposed dec. ALJ properly refused to consider untimely contract waiver defense where respondent had earlier stated the contract was not at issue and where charging party was prejudiced by unavilability of key witness; pp. 13-14; pp. 19-23, proposed dec.