Decision 1883E – San Diego Unified School District
LA-CE-4724-E, LA-CE-4725-E
Decision Date: January 25, 2007
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charges involving two bargaining units and found an unfair practice involving a third bargaining unit in which CSEA alleged the district committed an unlawful unilateral change when it refused to implement a two-tiered leave accrual system for all three bargaining units.
Disposition: With regard to the Operations Support Services and Paraeducators bargaining units, the district did not commit a unilateral change when it refused to implement a two-tiered leave accrual system because the School Board did not approve the memorandum of understandings (MOU) which would have established such a system. With regard to the Technical and Business Services unit, the district did commit an unlawful unilateral change when it failed to implement the two-tiered system because the School Board approved the MOU that established the system. Rescission of the provision based on a unilateral mistake was not available in this case because the district failed to exercise ordinary diligence when it negotiated the contract language.
Perc Vol: 31
Perc Index: 59
Decision Headnotes
1404.01000 – In General
A party seeking rescission based on a unilateral mistake of fact must show that: (1) the party made a material mistake regarding a basic assumption of the contract; (2) the party seeking the rescission did not neglect a legal duty or otherwise fail to exercise ordinary diligence; and (3) the mistake was so significant that enforcement of the contract would be unconscionable. PERB has long shown a strong interest in labor relations stability and is loathe to upset working relationships. Accordingly, rescission requests will only be granted in extraordinary cases. (Once a final collective bargaining decision is reached, it takes precedence over and subsumes prior tentative agreements, which are then no longer in effect.
1404.03000 – General Principles of Contract Interpretation
A party seeking rescission based on a unilateral mistake of fact must show that: (1) the party made a material mistake regarding a basic assumption of the contract; (2) the party seeking the rescission did not neglect a legal duty or otherwise fail to exercise ordinary diligence; and (3) the mistake was so significant that enforcement of the contract would be unconscionable. PERB has long shown a strong interest in labor relations stability and is loathe to upset working relationships. Accordingly, rescission requests will only be granted in extraordinary cases. (Once a final collective bargaining decision is reached, it takes precedence over and subsumes prior tentative agreements, which are then no longer in effect.