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

Single Topic for Decision 1270E

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* * * 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 dec. Waiver may also be established by demonstrative behavior, waiving a reasonable opportunity to negotiate over a decision not already firmly made by the employer. Such a waiver must be an intentional relinquishment of statutory rights. An employee organization does not waive its rights to negotiate by failing to request negotiations after a firm decision has already been made by the employer; p. 58, proposed dec. 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 dec. the past does not preclude it from doing so in the future; p. 54, proposed dec. Speculation will not support the finding of a waiver.