UNION UNFAIR PRACTICES; DEFENSES – Waiver

Single Topic for Decision 2475E

View all topics for Decision 2475E

Full Decision Text (click on the link to view): Full Text

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.