GENERAL LEGAL PRINCIPLES; WAIVER – By Delaying or Failing to Request Negotiations
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1402.05000 – By Delaying or Failing to Request Negotiations
When an employer does not provide notice and the opportunity to bargain over an alleged change, the exclusive representative's failure to pursue bargaining is not considered a waiver; p. 6. When an alleged unilateral change has already been implemented, or if the employer has already made a firm decision to implement the change, the exclusive representative does not waive its right to bargain by not pursuing negotiations; pp. 6-7. The Union's cancellation of a bargaining session and decision not to pursue bargaining did not constitute a waiver of the right to bargain, and did not bar the Union from filing an unfair practice alleging an unlawful unilateral change; p. 7.