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

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Following Omnitrans (2009) PERB Decision No. 2010-M, PERB held that a grievance procedure which repeatedly referred to the grievant as “the employee” did not waive the union’s statutory right to seek collective relief. (pp. 15-16.)