GENERAL LEGAL PRINCIPLES; WAIVER – By Acquiescence/Conduct
Single Topic for Decision 2475E
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1402.04000 – By Acquiescence/Conduct
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.