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

Single Topic for Decision 1534E


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608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *

No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.