GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION – General Principles

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When interpreting statutory language, PERB begins with the fundamental rule that it should ascertain the intent of the Legislature so as to effectuate the purpose of the law. Where the language of a statute is clear and unambiguous the construction intended by the Legislature is obvious from the language used. Statutes are to be given a reasonable and common sense interpretation consistent with the apparent purpose and intention of the lawmakers. Further, every statute should be construed with reference to the whole system of which it is a part so that all may be harmonized and have effect. Where the provisions of a statute are subject to two or more reasonable interpretations, the interpretation which will harmonize rather than conflict with other provisions thereof should be adopted. (pp. 20-21.) Generally, when the Legislature uses a word or phrase in a particular sense in one statute, the word or phrase should be understood to carry the same meaning when it appears in another statute dealing with the same subject matter. Government Code sections 16645 and 3550 deal with the same subject matter—employer conduct related to employee decisions about union support. The Legislature’s use of “deter” in both statutes thus indicates it intended for the word to be interpreted similarly in each. (p. 23.)