The following excerpt is from N.L.R.B. v. Litton Financial Printing Div., a Div. of Litton Business Systems, Inc., 893 F.2d 1128 (9th Cir. 1990):
Finally, even if the Union had waived its right to bargain about previous layoffs by not protesting them, it would not have thereby waived its right to bargain about the more extensive layoffs here. See NLRB v. Miller Brewing Co., 408 F.2d 12, 15 (9th Cir.1969) (a right once waived is not lost forever; each time the bargainable event occurs the Union has the election of requesting negotiations or not). Whatever the Union might have done with respect to prior layoffs, it unequivocally requested bargaining as to this particular layoff.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.