GENERAL LEGAL PRINCIPLES; WAIVER – By Contract/Zipper Clauses/Management Rights Clauses

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Absent some form of waiver, the duty to bargain continues during the term of the collective bargaining agreement; pp. 11-12. A waiver clause typically provides that there is no further duty to bargain specified negotiable subjects during the term of the agreement. The purpose of such a clause is to lend stability to the bargaining relationship by limiting the possibility of continuous negotiations; p. 12. Parties are free to seek negotiations on subjects within the scope of representation which are covered by an agreement which does not include a waiver clause; p. 12.