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

Single Topic for Decision 1186E

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To establish waiver of an employer's refusal to bargain or unilateral change, the employer msut show that an employee organization clearly an unmistakably waived its right to bargain on the issue. The management rights clause in the instant case which allowed the District to "determine staffing patterns" and "to assign employees" did not constitute a waiver.