GENERAL LEGAL PRINCIPLES; WAIVER – In General

Single Topic for Decision 2875E

View all topics for Decision 2875E

Full Decision Text (click on the link to view): Full Text

Because waiver is an affirmative defense, a party asserting waiver bears the burden of proof. (City of Culver City (2020) PERB Decision No. 2731-M, p. 13.) A party seeking to establish waiver of the right to bargain may allege contractual waiver, waiver by inaction, or waiver by negotiations history, but any of the three types of waivers must be clear and unambiguous. (County of Merced (2020) PERB Decision No. 2740-M, pp. 10 & 19.) PERB therefore resolves any doubts against finding a waiver of the right to bargain. (Ibid.) (p. 22.)