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

Single Topic for Decision 2701I

View all topics for Decision 2701I

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

The parties’ practical construction of a contract, as shown by their actions, is important evidence of their intent. (p. 40.) However, based on a non-waiver clause in the parties’ MOU, the union did not waive its contractual right to meet and confer with the regional committee over the impact of future changes to employee pension contributions simply by doing so previously with one of the trial courts. The Board further declined to consider evidence of the union’s conduct as it related to other regional committees. (pp. 40-41, fn. 31.)