GENERAL LEGAL PRINCIPLES; WAIVER – By Acquiescence/Conduct

Single Topic for Decision 2875E


View all topics for Decision 2875E

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

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.04000 – By Acquiescence/Conduct

To establish waiver of the right to bargain based on evidence other than an effective contract, it is necessary to demonstrate “conscious abandonment” of the right. (City of Culver City (2020) PERB Decision No. 2731-M, p. 18.) Showing that a union consciously abandoned its right to bargain typically involves proof that “the union had clear notice, meaning advance knowledge, of the employer’s intent to change policy with sufficient time to allow a reasonable opportunity to bargain about the change and then failed to request negotiations.” (Id., adopting proposed decision at pp. 25-26 24 [internal quotation marks omitted; emphasis original].) However, a union’s acquiescence to a unilateral change in one or more instances does not waive its right to bargain regarding a future change on the same subject. (County of Kern & Kern County Hospital Authority (2019) PERB Decision No. 2659-M, p. 22, fn. 19.) (pp. 23-24.)