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

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To constitute a waiver of the right to meet and confer under Government Code section 3553, the exclusive representative’s communication to unit employees, or the context in which it was made, must clearly indicate that the representative intentionally relinquished its right to bargain over the content of the employer’s communication. Although we do not foreclose a scenario where an employer could successfully assert a waiver defense to section 3553, subdivision (b), the University did not meet its burden to prove such a defense here. (p. 19.)