EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 1141E
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
An exclusive representative is free to negotiate a waiver of its right to bargain over certain mandatory subjects of bargaining for a specified contractual period. The waiver must be clear and unmistakable and cover all aspects of the particular matter in question; p. 2. An exclusive representative may waive its right to negotiate about a matter within the scope of representation during the life of an agreement. The only requirement is that such a contractual waiver be "clear and unmistakable"; p. 9, proposed dec. Certain statutory provisions are not within the power of the parties to waive; p. 10, proposed dec.