GENERAL LEGAL PRINCIPLES; WAIVER – Failure to Timely Raise Affirmative Defense

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1402.07000 – Failure to Timely Raise Affirmative Defense

Employer waived request that PERB order the parties to negotiate over the cost of compiling requested information when it neither raised the alleged undue burden contemporaneously nor offered to bargain with union about it. (State of California (Department of State Hospitals) (2018) PERB Decision No. 2568-S, pp. 15-16 [assertion that an information request is unduly burdensome must be timely raised so the parties can negotiate over eliminating or reducing the responding party’s burden].) (pp. 17, 19.)