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

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Zipper clause generally permits both parties to refuse to bargain changes in matters covered by the terms of the clause during the life of their bargaining agreement. (p. 21.) But one cannot propose new terms and conditions of employment and simultaneously use the zipper clause as a shield to prevent the introduction of integrally related counterproposals, which amounts to unlawful piecemeal bargaining. (pp. 21-22.)