EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Single Topic for Decision 1163E

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* * * OVERRULED IN PART ON OTHER GROUNDS by Huntington Beach Union High School District (2003) PERB Decision No. 1525. * * *

After the employer made a unilateral change, participation by the exclusive representative in interest based bargaining session, where the exclusive representative voiced opposition to the change, does not indicate that the parties negotiated and agreed to the change; p. 11; p. 12, proposed decision.