Decision 1083E – Sierra Joint Union High School District
S-CE-1492
Decision Date: February 17, 1995
Decision Type: PERB Decision
Description: District unilaterally changed the salary schedule without negotiating.
Disposition: Dismissed. No violation found.
Perc Vol: 19
Perc Index: 26051
Decision Headnotes
602.03000 – Change In Policy
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.
602.01000 – In General
A brief rejection of a proposal does not, by itself, constitute a refusal to negotiate; p. 15 and 26.
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.
1404.03000 – 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.