Decision 0555E – Butte Community College District
S-CE-703, 705
Decision Date: December 30, 1985
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17037
Decision Headnotes
1404.03000 – General Principles of Contract Interpretation
Unless parties intended a strict legal meaning or special meaning to be applied, the words of a contract will be understood in their ordinary or popular sense, see Civil Code sec. 1644; rule of Civil Code sec. 1654, that uncertain language to be construed most strongly against party who caused uncertainly, does not apply where lanuage arrived at through process of negotiations.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No unilateral change in transfer policy where contract gave employer great flexibility in transferring employees; where no reliable bargain history or evidence of special usage or meaning of term, ordinary definition properly applied, party not precluded from exercising contract rights merely because it hadn't done son previously.
602.03000 – Change In Policy
No unilateral change in transfer policy where contract gave employer great flexibility in transferring employees; where no reliable bargaining history or evidence of special usage or meaning of term, ordinary definition properly applied; party not precluded from exercising contract rights merely because it hadn't done so previously.