In Palomar Community College District (2011) PERB Decision No. 2213-E, the Public Employment Relations Board (“Board”) clarified that a side letter of agreement between parties does not automatically expire when the parties reach agreement on a subsequent collective bargaining agreement ("CBA").
A side letter is an agreement of the parties that occurs during a CBA term. It usually modifies or interprets an existing CBA provision and remains in effect until that particular CBA term ends. When the CBA term expires, the side letter expires, unless by its own terms, it continues.
This Memorandum of Understanding will supersede all Side Letters. Both parties recognize that this excludes grievance resolutions documents.
[W]e find a side letter is an agreement between an employer and union that typically: (1) modifies, clarifies or interprets an existing provision in [a CBA]; or (2) addresses issues of interest to the parties that are not otherwise covered by the [CBA]. At its most basic, a side letter is a contract between the parties. As such, the duration of such an agreement is dictated by the provisions of the side letter itself (either express or implied) or by the subsequent conduct of the parties. (See Riverside.) Consequently, absent a provision in [a CBA], an agreement between the parties or other evidence demonstrating the parties intended it to expire, a side letter does not automatically expire upon the ratification of a subsequently negotiated [CBA].
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Jabari Willis' practice focuses on representing public entities, including school districts, in labor and employment and education law matters. His experience includes matters related to certificated and classified ...
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