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

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To the extent the employer contended that its decision to make the contested schedule changes did not represent a change in policy, but simply a reversion to the parties’ memorandum of understanding, that argument is appropriately framed as an affirmative defense, rather than a negation of the change element of the union’s prima facie case of a unilateral change. (p. 12, fn. 5.)