Decision 1083E – Sierra Joint Union High School District

S-CE-1492

Decision Date: February 17, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26051

Decision Headnotes

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

When the contract is clear and unambiguous on its face, Board does not need to go beyond plain languuage of the contract to ascertain meaning; p. 11, 12 and 18. Where contract language ambiguous, extrinsic evidence (bargaining history, parties' conduct, etc.) is properly considered by Board to determine the meaning of the contract; p. 11, 12 and 18.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

A brief rejection of a proposal does not, by itself, constitute a refusal to negotiate; p. 15 and 26.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

When the contract is clear and unambiguous on its face, Board does not need to go beyond plain language of the contract to ascertain meaning; p. 11, 12 and 18. Where contract language ambiguous, extrinsic evidence (bargaining history, parties' conduct, etc.) is properly considered by Board to determine the meaning of the contract; p. 11, 12 and 18.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

Follow contract principles and Civil code where interpretation of contract is ambiguous and contains multiple contingencies; p. 12. When the contract is clear and unambiguous on its face, Board does not need to go beyond plain language of the contract to ascertain meaning; p. 11, 12 and 18. Where contract language ambiguous, extrinsic evidence (bargaining history, parties' conduct, etc.) is properly considered by Board to determine the meaning of the contract; p. 11, 12 and 18.