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

Single Topic for Decision 2464M

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PERB rejected defense that Mayor and other City officials were acting as private citizens when they and their staff appeared at press conferences and other public events, used City staff, e-mail accounts, websites and other City resources, as well as the prestige of their City offices to publicize and solicit support for a ballot initiative aimed at altering the pension benefits of City employees. Board affirmed ALJ’s finding that the Mayor acted as the statutory agent of the City in announcing and supporting ballot measure to change City policy regarding employee pension benefits and in refusing to bargain with the Unions over this change in policy.