EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 2691M
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608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Equitable waiver or laches defenses rejected as a matter of sound labor relations. When an employer approaches a union to initiate Seal Beach negotiations over a proposed ballot measure, a union should not normally be found to have waived its right to later challenge the resulting rules to the extent they violate the MMBA, either facially or as-applied.