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

Single Topic for Decision 1471E

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General form stating an employee's choice to exclude his or her telephone number from the District's home directory insufficient expression under settlement agreement to provide union waiver of access to home telephone numbers. Exclusive right to "determine the impacts and effects of matters outside the scope of representation as permitted by the [EERA]" insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 18, proposed dec. Right to take "any action" to run the District efficiently insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 20, proposed dec.