REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability

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Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights.