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

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Prior to implementing a proposed change in a negotiable subject, an employer must provide notice to the exclusive representative sufficiently in advance of a firm decision to allow a reasonable amount of time to decide whether to make a demand to negotiate; p. 13. An exclusive representative can be found to have waived the right to bargain where the employer shows that the exclusive representative failed to demand to negotiate, despite having received sufficient notice of the proposed change; p. 14.