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

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608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

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.)