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

Single Topic for Decision 2701I

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Although PERB lacks the authority to enforce contracts, it may interpret them when necessary to resolve an unfair practice allegation. In such cases, traditional rules of contract law guide the Board’s interpretation. Where the contractual language is clear and unambiguous, it is unnecessary to go beyond the plain language of the contract itself to ascertain its meaning. However, where the contract language is silent or ambiguous, PERB may examine past practice or bargaining history. (p. 38.) Under the plain language of the parties’ contract, the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions by the local trial courts. (p. 39.)