Decision 1883E – San Diego Unified School District

LA-CE-4724-E, LA-CE-4725-E

Decision Date: January 25, 2007

Decision Type: PERB Decision

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Decision Headnotes

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
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bargaining decision is reached, it takes precedence over and subsumes prior tentative agreements, which are then no longer in effect.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
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bargaining decision is reached, it takes precedence over and subsumes prior tentative agreements, which are then no longer in effect.