EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Union Consent or Waiver

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“A union and employer may agree to restrict union activity during paid, non-working time, as long as the restriction does not seriously impair employees’ right to communicate about union matters.” (Omnitrans, supra, PERB Decision No. 2030-M, p. 21.) However, a “waiver of statutory rights must be ‘clear and unmistakable,’ and the evidence must demonstrate an ‘intentional relinquishment’ of a given right.” (p. 40.)