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

Single Topic for Decision 1078E

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The contract terms "times and hours of operations" are not necessarily synonymous with the employees' starting and ending times, i.e., the work schedule of individual employees; p. 23, proposed dec. In determining whether waiver of bargaining rights is clear and unmistakable express contractual terms as well as evidence of negotiating history reflecting a conscious abandonment of the right to bargain over a particular subject can be examined; p. 18, proposed dec.