EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 1635H
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
It is well settled that an employer may take unilateral action if the exclusive representative waived its right to bargain. But any waiver of this right will not be lightly inferred. To show that an exclusive representative has waived its right to negotiate, there must be evidence of either “clear and unmistakable” language, or of “demonstrable behavior waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer.” Here, Board found insufficient evidence to establish waiver by union. Contract clauses only provided that evaluations be done and that a rating system be determined.