EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 1138E
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
A waiver of the right to bargain will not be lightly inferred. Contractual waiver must be shown in clear and unmistakable contract language; p. 13. When contract language is ambiguous, the Board may examine bargaining history for evidence of a conscious abandonment of the right to bargain over a particular subject; p. 13. The clear and explicit meaning of the contract language which states that the district may "contract out work, which may lawfully be contracted for," is that the district has the right to make the decision to contract out a specific area of work without engaging in negotiations with the union over that decision; p. 14.