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

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Department's claim that Association waived its right to bargain transfers of work between units in a general management rights clause was rejected. The waiver of a right to bargain must be clear and unmistakable. Here the agreement between the parties contained no language which expressly reserved to Department the right to transfer duties from one bargaining unit to another without negotiating the matter with appropriate employee representative.