clear and unmistakable waiver in Michigan

1991Before an impasse in the bargaining process is reached, neither party may take unilateral action with respect to a mandatory subject of bargaining, Southñeld, supra, 178; Jaklinski, supra, absent a clear and unmistakable waiver.

1988Under pera, unilateral action over mandatory subjects of bargaining may not be taken by either party absent an impasse in negotiations, Ottawa Co v Jaklinski, 423 Mich 1, 13 ; 377 NW2d 668 (1985), or a clear and unmistakable waiver.

1991Wayne Co Government Bar Ass’n, supra, 486; Lansing Fire Fighters Union v Lansing, 133 Mich App 56 ; 349 NW2d 253 (1984).

1991Wayne Co Government Bar Ass’n, supra, 486; Lansing Fire Fighters Union v Lansing, 133 Mich App 56 ; 349 NW2d 253 (1984).

2017Plaintiff was not on notice that by pursuing arbitration with the union he would lose this right. [Arslanian, 240 Mich App at 551-552 .] In this case, plaintiff similarly contends that the language of his employment agreement fails to encompass statutory discrimination claims.

1996Because of the ambiguity of the clause and the bargaining history, the insurance clause here did not demonstrate a clear and unmistakable waiver of the right to bargain. [ Id. ] The Court of Appeals affirmed the MERC's decision. [8] The district then filed an application for leave to appeal in this Court.

1988If we apply a liberal construction, we find that the language at issue does not constitute a clear and unmistakable waiver of *488 the right to bargain over a mandatory subject. 4 Similar language was rejected as being clear and unmistakable in Michigan Council 25, AFSCME v Wayne Co, 140 Mich App 361 ; 364 NW2d 690 (1984), lv den 422 Mich 924 (1985), and Portage, supra. Respondents claim that this Court’s decisions in Portage and AFSCME were wrongly decided since the decisions created a "per se rule” or declared "as a matter of law” that the parties could not by contract limit their duty to ba

1988If we apply a liberal construction, we find that the language at issue does not constitute a clear and unmistakable waiver of *488 the right to bargain over a mandatory subject. 4 Similar language was rejected as being clear and unmistakable in Michigan Council 25, AFSCME v Wayne Co, 140 Mich App 361 ; 364 NW2d 690 (1984), lv den 422 Mich 924 (1985), and Portage, supra. Respondents claim that this Court’s decisions in Portage and AFSCME were wrongly decided since the decisions created a "per se rule” or declared "as a matter of law” that the parties could not by contract limit their duty to ba

1988If we apply a liberal construction, we find that the language at issue does not constitute a clear and unmistakable waiver of *488 the right to bargain over a mandatory subject. 4 Similar language was rejected as being clear and unmistakable in Michigan Council 25, AFSCME v Wayne Co, 140 Mich App 361 ; 364 NW2d 690 (1984), lv den 422 Mich 924 (1985), and Portage, supra. Respondents claim that this Court’s decisions in Portage and AFSCME were wrongly decided since the decisions created a "per se rule” or declared "as a matter of law” that the parties could not by contract limit their duty to ba

1986Under PERA, unilateral action concerning such subjects may not be taken by either party absent an impasse in collective bargaining negotiations, Ottawa County v Jaklinski, 423 Mich 1 ; 377 NW2d 668 (1985); Policemen’s Ass’n v Riverview, 111 Mich App 158, 161 ; 314 NW2d 463 (1981), lv den 417 Mich 890 (1983), or a clear and unmistakable waiver.

1986Under PERA, unilateral action concerning such subjects may not be taken by either party absent an impasse in collective bargaining negotiations, Ottawa County v Jaklinski, 423 Mich 1 ; 377 NW2d 668 (1985); Policemen’s Ass’n v Riverview, 111 Mich App 158, 161 ; 314 NW2d 463 (1981), lv den 417 Mich 890 (1983), or a clear and unmistakable waiver.