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

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When external law establishes immutable provisions in an area otherwise within the scope of representation, matters are negotiable only to the extent of the employer’s discretion, that is, to the extent that the external law does not “set an inflexible standard or insure immutable provisions.” (p. 9.) District’s proposed recoupment procedures for overpaid wages to individual employees exceeds the negotiable exceptions to California’s immutable policies protected employee wages from prejudgment attachment. (pp. 9-11.)