EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 2296M
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Provision in local civil service rules authorizing county to reduce work hours for reasons of economy or due to a lack of work or funds does not exempt employer from obligation to meet and confer under the MMBA over implementation of furloughs. Nothing in civil service rules purports to exempt city from MMBA meet and confer obligations prior to implementing reduction in employee work hours. General language authorizing city to determine the size and composition of its workforce and to assign work does not clearly and unmistakably waive union’s right to bargain over the reduction in wages and hours imposed by the implementation of furloughs.