Unilateral creation of a new shift for certain employees in the bargaining unit
United Public Service Employees Union And County Of Columbia, Decisions of the Board, PERB U-26761
The Board affirmed a decision of an ALJ rejecting an employer's duty satisfaction and waiver defenses to a charge alleging a violation of §209-a.1(d) of the Act after the employer created a new shift for certain employees in the bargaining unit.
The Board reaffirmed that in determining whether an agreement contains a provision satisfying the duty to negotiate or constituting a waiver of the right to negotiate, the Board will apply standard principles of contract interpretation.
In this instance the Board concluded that the contract language relied upon by the employer was not reasonably clear based upon inconsistent, if not contradictory, terms and phrases utilized by the parties in two relevant articles of the agreement.Finally, the Board rejected the employer's waiver argument finding that language cited by the employer did not constitute a clear, unmistakable and unambiguous waiver of the right to negotiate the creation of a new shift.
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