Decision 0555E – Butte Community College District

S-CE-703, 705

Decision Date: December 30, 1985

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17037

Decision Headnotes

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

602.00000 – 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

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.