GENERAL LEGAL PRINCIPLES; WAIVER – By Contract/Zipper Clauses/Management Rights Clauses

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An unratified tentative agreement cannot waive the right to bargain. (City of Culver City (2020) PERB Decision No. 2731-M, adopting proposed decision at p. 39.) In other words, a party cannot delay ratifying a tentative agreement while seeking to benefit from any waivers contained therein; rather, part of the employer’s incentive to negotiate and finalize an agreement is to obtain the benefit of such waivers. (p. 23.)