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

Single Topic for Decision 1501E

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Any waiver of an exclusive representative’s right to bargain must be “clear and unmistakable.” Management-Rights clause in contract was ambiguous, and therefore, cannot constitute a “clear and unmistakable” waiver. Union did not waive its right to bargain by making its request to negotiate to the District’s police chief instead of directing request to the District’s Office of Staff Relations. Although past practice was to direct requests to negotiate to the District’s Office of Staff Relations, the contract was silent on the issue. Since police chief was the one who informed the union of the impending change, it was reasonable for the union to direct its request to him. Union did not acquiesce to District’s change in practice. Although union failed to file an unfair practice charge, union attacked the District’s action at various levels of the District’s hierarchy and temporarily succeeded.