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

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The County did not establish that Union waived its right to bargain for two independent reasons. First, the County came to a firm decision before providing the Union notice of the proposed change and an opportunity to bargain to agreement or impasse; accordingly, the Union was not obligated to request bargaining, or to accept the County’s offer to meet and confer after the employer has already reached a firm decision. Second, a waiver of bargaining rights must be clear and unmistakable, demonstrating that a party intentionally relinquished its right to bargain. (Los Angeles Unified School District (2017) PERB Decision No. 2518, p. 39 (LAUSD).) Any doubts must be resolved against the party asserting waiver. (Placentia Unified School District (1986) PERB Decision No. 595, p. 8.) In this case, the Union did not clearly and unmistakably demonstrate that it intentionally relinquished its right to bargain.