West Valley Federation of Teachers, Local 1953 v. Campbell Union High School District

Opinion

KANE, J.

In this case we are called upon to decipher and declare the legislative intent with respect to a narrow question arising under the Winton Act.

1

(Ed. Code, § 13080 et seq.)

The question may be stated as follows: Where multiple certificated employee organizations exist and a negotiating council has been formed as required by law to represent such multiple certificated employee organizations, is the governing board of a school district required by law to hear direct oral presentations by individual certificated employee organizations?

[299]

For reasons which follow we concur with the trial court which answered this inquiry in the negative.

Appellant is an employee organization representing certificated high school teachers employed by respondent. Appellant, however, is only one of a number of certificated employee organizations in the district. It is therefore subject to the provisions of the Winton Act, which provide inter alia that where there is more than one certificated employee organization, a negotiating council shall be appointed to represent all the certificated employees in the district (§ 13085). Under the statutory scheme, the negotiating council shall have not more than nine nor less than five members who are to be appointed by the participating unions according to a ratio formula.

Since appellant is a minority organization which is not a participant on the negotiating council, it has tried to make direct presentations at respondent’s public board meetings. Respondent refused to place on its agenda matters with respect to which it must meet and confer with the negotiating council (§ 13085), and has disallowed requested oral presentations as to the same matters without prior consideration by the negotiating council.

Thereupon, appellant petitioned for and was granted an alternative writ of mandate ordering respondent to allow direct presentations to its board. Respondent filed a demurrer and answer to appellant’s petition. The trial court sustained the demurrer without leave to amend, discharged the alternative writ and denied the peremptory writ.