GENERAL LEGAL PRINCIPLES; WAIVER – In General

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1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.01000 – In General

Waiver is an affirmative defense which asserting party has the burden of proving. It is well settled that in order to find a waiver, PERB requires clear and unmistakable evidence that a party has relinquished its rights to bargain; p. 35, proposed dec. Union conduct in negotiations will make out a waiver only if subject fully discussed or consciously explored and union consciously yielded its interest in matter. A union that drops a contract proposal during negotiations has not waived its bargaining rights over the matter.