EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Single Topic for Decision 2694M
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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.