EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Change In Policy

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The parties’ contract language clearly and unambiguously provided that (1) employees maintain the right to schedule their vacation, subject to work requirements as determined by their supervisors; and (2) at the conclusion of each fiscal year, the District must pay out accrued but unused vacation time over the maximum carryover amount, except that employees experiencing an illness or injury may exceed the carryover cap if their illness or injury prevented them from taking vacation during the fiscal year. Where contractual language is clear and unambiguous, it is unnecessary to go beyond the plain language of the contract itself to ascertain its meaning. (Civ. Code, § 1638; Marysville Joint Unified School District (1983) PERB Decision No. 314, p. 9.)