GENERAL LEGAL PRINCIPLES; WAIVER – By Contract/Zipper Clauses/Management Rights Clauses

Single Topic for Decision 1724M

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An alleged past practice of health benefit parity does not supersede the clear language of the MOU, which provides a schedule of employer health care premiums for the duration of the MOU and a zipper clause that precludes bargaining on matters covered in the MOU absent the mutual agreement of the parties. Therefore, the Association has not shown that the City changed its policy. This case is distinguishable from Los Angeles Community College District (1982) PERB Decision No. 252 in which the contractual zipper clause did not allow the employer from unilaterally changing shifts without bargaining where the shifts were set forth in the contract. Under the zipper clause, the City is not obligated to negotiate a change in health benefit premiums.