EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Union Consent or Waiver
Single Topic for Decision 2536M
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409.05000 – Union Consent or Waiver
Any waiver of a statutory right must be established either by: (1) a clear and unmistakable agreement, or (2) by bargaining history showing that the issue was fully discussed and consciously explored, and that the union intentionally yielded its interest in the matter. Because the agreement was not clear and unmistakable, and bargaining history did not show that the union intended to agree that the no-strike clause prohibited sympathy strikes, no waiver was found.