GENERAL LEGAL PRINCIPLES; WAIVER – Union's Waiver of Employee or Organizational Rights

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The parties to a collective bargaining agreement may agree to contractual language specifically waiving or limiting the right to bargaining about particular matters; p. 9. The right to bargain to reach agreement on terms and conditions of employment is the very essence of collective bargaining under EERA. Any attempt to limit or waive this statutory right must be mutually agreed to by the parties and expressed in clear and unmistakable terms; p. 10. An employer may not, following impasse, unilaterally impose a waiver of an exclusive representative's statutory right to bargain. Such a waiver of the statutory right to bargain may only occur within the context of a mutually agreed collective bargaining agreement; p. 10. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11.