CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Waiver; Estoppel

Single Topic for Decision 2262E


View all topics for Decision 2262E

Full Decision Text (click on the link to view): Full Text

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.07000 – Waiver; Estoppel

Employer asserting a defense of waiver by inaction has the burden of proof to show by a preponderance of evidence that it gave union notice and opportunity to bargain over the proposed change and the union failed to act. Where policy was adopted retroactively, request to bargain would have been futile, defense of waiver fails.