ULP-5687                     Town of Warren & IBPO                                                 3/14/06

Filed by: Labor              Filed: 9/22/03           Complaint: 01/09/04                            Hearing: 9/1/05(??)
Impact: Minor
Nominal Beneficiary: Labor
Actual Beneficiary: Labor

After an informal arrangement that had kept several successive police chiefs outside the bargaining unit, Union argued against the permanence of that approach. Despite the pattern of activity that implied waiver, the failure to explicitly seek affirmative waiver on the part of the union in each case would undermine the apparent removal of the chief from the bargaining unit and instead this itself would have to be bargained, although this rule would only be applied prospectively upon the expiration of the contract in 2005.