Decision 1362E – Morgan Hill Unified School District
SF-CE-2055
Decision Date: December 10, 1999
Decision Type: PERB Decision
Description: The Board dismissed the charge, which alleged that the Morgan Hill Unified School District violated EERA by refusing to pay a negotiated salary Increase to certain bargaining unit members.
Disposition: Dismissal. Conduct was in accordance with parties’ final agreement.
Perc Vol: 24
Perc Index: 31024
Decision Headnotes
602.03000 – Change In Policy
Where the district is acting in accordance with the parties final agreement, the charge failed to state a prima facie violation of EERA; p. 3, warning letter. Where the wage increase provision of the parties' final agreement includes language which differs from that of the tentative agreement, and the final agreement language is clear and unambiguous, it is unnecessary to go beyond the plain language to ascertain its meaning; p. 3. In interpreting contract language, the Board examines bargaining history to determine the intent of the parties only if the language of the contract is found to be ambiguous; p. 3.
1404.03000 – General Principles of Contract Interpretation
Where the wage increase provision of the parties' final agreement includes language which differs from that of the tentative agreement, and the final agreement language is clear and unambiguous, it is unnecessary to go beyond the plain language to ascertain its meaning; p. 3. In interpreting contract language, the Board examines bargaining history to determine the intent of the parties only if the language of the contract is found to be ambiguous; p. 3.