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

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1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that waiver by contract is an affirmative defense that must be plead and proved by the party asserting it. A charging party is not required to disprove or refute waiver by contract as part of its prima facie case in a unilateral change case. * * *

MOU clearly sets out procedures for employee trading of monthly and daily shifts. The plain meaning of the agreement that shifts cannot be traded without supervisor approval is not superseded by the past practice of allowing employees to internally arrange their own shifts. Cites Marysville Joint Unified School District (1983) PERB Decision No. 314; p. 3, warning letter.