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

Single Topic for Decision 2002E


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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 ON OTHER GROUNDS by Los Angeles Unified School District (2014) PERB Decision No. 2359. * * *

Contract language allowing employer to institute a 4/10 workweek “with the concurrence of the affected unit employee(s)” did not waive union’s right to bargain over imposition of a 4/10 workweek on all unit employees.