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

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The bargaining contract allowed Union representatives to review employee personnel and supervisory files only if properly authorized by the employee. (pp. 3-4) Accordingly, DSH argued that the Union waived its right to receive the requested information absent authorization. However, a “waiver by contract” defense is an affirmative defense that must be pled in the respondent’s answer to the complaint or it is waived. (pp. 13-14)