EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 2694M
View all topics for Decision 2694M
Full Decision Text (click on the link to view): Full Text
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
City’s asserted waiver defense unavailing for multiple reasons. First, union proposals could not constitute a waiver where parties had not reached agreement. Moreover, union did not receive notice of any proposal to subcontract bargaining unit work, and accordingly could not have waived the right to bargain by acquiescence. Further, City did not establish that union waived its bargaining rights through its conduct; to be effective, an alleged waiver of statutory bargaining rights must be specific, clear, and unmistakable.