CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Waiver; Estoppel
Single Topic for Decision 2262E
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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.