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

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Where the employer asserts contractual waiver and waiver by inaction, the employer bears the burden of proving clear and unmistakable waiver, viz., that the union intentionally relinquished its right. (City of Culver City (2020) PERB Decision No. 2731-M, p. 13, and adopting proposed decision at p. 23.) PERB resolves any doubt against finding waiver. (County of Merced (2020) PERB Decision No. 2740-M, p. 10.) (pp. 13-14.)