GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION – General Principles of Contract Interpretation

Single Topic for Decision 1287E

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The Board follows the guidance contained in the California Civil Code sections 1638 [the language of a contract is to be given its interpretation, if the language is clear and explicit and does not involve an absurdity] and 1641 [the whole of a contract is to be taken together, so as to give effect to every part, if reasonably practical, each clause helping to interpret the other] in assessing whether the CBA has been breached in unilateral change cases; pp. 5-6. In order to give meaning to the language of a particular CBA section, it must be interpreted as giving the district the right to make the change complained of or be rendered meaningless and ineffective; p. 7. Broadly worded contract clause concerning selection and promotion of employees allows district to change its promotional interview policy.