GENERAL LEGAL PRINCIPLES; WAIVER – By Acquiescence/Conduct
Single Topic for Decision 1270E
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1402.04000 – By Acquiescence/Conduct
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Contract language that the District has the right to "maintain the efficiency of District operations" is generally-worded management rights clause, and thus will not be construed as a waiver; p. 57, proposed decision. Employer's failure to require sick leave verification consistently in the past does not preclude it from doing so in the future; p. 54, proposed decision. Union does not waive its right to negotiate by failing to request negotiations after the employer's firm decision. Speculation will not support the finding of a waiver.