California School Employees Ass'n v. Los Angeles City Unified School District

[850]

Opinion

ROTH, P. J.

Petitioner California School Employees Association (CSEA) and Dieter Nicklesberg, a classified employee of respondent Los Angeles City Unified School District of Los Angeles County (District) sought a writ of mandate compelling District:

1. To rescind and abolish rules 1990, 3008 and 4008, enacted by District, which permit certain employees designated as A and B to be placed on no more than five or two days of unpaid leaves of absence in their respective annual terms of employment; and

2. To set aside an order placing certain employees on unpaid leaves of absence, pursuant to rules 1990 and 3008, from August 17 through August 23, 1975.

The order placing employees on unpaid leaves of absence never went into effect. It is therefore moot and not subject to judicial review.

The trial court denied the petition, entering the following findings of fact:

“1. That the Board of Education of Respondent School District has had in force at all times relevant to this action Board Rule 1990, which provides that the assignment basis of all A basis (12 month) employees is subject to being reduced by five (5) days per year, as an unpaid leave of absence; and that the assignment basis of B basis (11 month) employees is subject to being reduced by two (2) days per year, as an unpaid leave of absence.

“2. That on or about June 12, 1975 the Board of Education, as part of an overall effort to achieve a balanced budget in light of a projected deficit of $41.4 million dollars took formal action to close down the School District during the week of August 17-23; and to reduce the assignment basis of A basis employees by five (5) days, and B basis employees by two (2) days, as unpaid leaves of absence during said week.

“3. That all employees, both certificated and classified, who would otherwise be working during said week, are to be placed upon the

[851]