GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION – Board's Jurisdiction To Interpret Contracts

Single Topic for Decision 2427M

View all topics for Decision 2427M

Full Decision Text (click on the link to view): Full Text

Although PERB is without jurisdiction to enforce collective bargaining agreements, it may interpret contractual provisions when necessary to decide an allegation or defense in an unfair practice case. Because unilateral change allegation turned on unions’ defense that pension plan guaranteed employees vested right to permanent employee pension contribution formula, PERB examined the language of the pension plan to determine whether it provided the rights asserted by the unions.