EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Contract Repudiation or Breach

Single Topic for Decision 2723E


View all topics for Decision 2723E

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

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

“PERB may interpret contract language if doing so is necessary in deciding an unfair practice charge case.” (County of Ventura (2007) PERB Decision No. 1910-M, p. 9.) Traditional rules of contract law guide interpretation of a collective bargaining agreement between a public employer and a recognized employee organization. (National City Police Officers’ Assn. v. City of National City (2001) 87 Cal.App.4th 1274, 1279; Grossmont Union High School District (1983) PERB Decision No. 313, pp. 15-16.) “A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.” (Civ. Code, § 1636.) “[T]he whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.” (Civ. Code, § 1641.) Thus, the Board must avoid interpreting contract language in a way which leaves a provision without effect. (State of California (Department of Corrections) (1999) PERB Decision No. 1317-S, p. 9.)