GENERAL LEGAL PRINCIPLES; WAIVER – Union's Waiver of Employee or Organizational Rights

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The County’s claim that SEIU waived the right to negotiate the grievability of promotions is rejected. The MOU did not contain specific exclusions in the grievance procedure for promotions. This is supported by the only evidence of past practice, a 1994-1995 grievance arbitration of a similar issue involving identical MOU language. Instead, the MOU provided that promotions be based upon “merit and ability;” thus, SEIU did not waive the right to grieve promotions on those issues.