GENERAL LEGAL PRINCIPLES; WAIVER – By Acquiescence/Conduct
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1402.04000 – By Acquiescence/Conduct
The union president made a bargaining demand in his March 5, 2012, e-mail to the City Manager. Any waiver of a right to bargain over a negotiable contracting out decision must be clear and unmistakable. Therefore, the union’s March 5, 2012, bargaining demand obviates a determination that the union waived its right to bargain by inaction.