EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
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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
In this case, because the parties’ memorandum of understanding was expired at the time the employer made the decision to change employees’ schedules, the Board found that the ALJ properly analyzed the employer’s decision as a unilateral change under NLRB v. Katz (1962) 369 U.S. 736, and correctly rejected the employer’s waiver defense. Nothing in the memorandum of understanding suggested that the schedule waiver provision was intended to outlive the contract’s term. (pp. 20-21.)