Amador Valley Secondary Educators Assn. v. Newlin

[256]

Opinion

CHRISTIAN, J.

Bruce C. Newlin, Superintendent of the Amador Valley Joint Union High School District (hereafter, the District), and others appeal from a judgment granting a writ of mandate to compel them to raise the salaries of certain teachers.

Respondent teachers were all certified employees of the District for 1975-1976, under employment contracts that incorporated a schedule fixing salaries for that school year. The 1975-1976 school year expired on June 30, 1976 (see Ed. Code, § 37200). Although the District reemployed respondents for the 1976-1977 school year under a contract eifective July 1, 1976, on July 1 the District governing board had not yet adopted a new salaiy schedule for 1976-1977. The District and the Amador Valley Secondary Educators Association, the recognized exclusive representative of the certified employees, had been engaged in collective bargaining negotiations to establish a new 1976-1977 salary schedule. Those negotiations lasted from March 1976 until at least January 1977. On July 19, 1976, the District board passed Resolution No. 1976-77.6, freezing the salaries of all certified employees, including respondents, for the 1976-1977 school year at 1975-1976 levels.

Under the 1975-1976 salary schedule, every certified employee received a salary increase for each additional year of service with the District, up to 12 years. For example, in 1975-1976 respondent Gary Poulos was classified in step 5, class II, earning $12,233 annually. Under the salary freeze, Poulos would earn the same amount in 1976-1977. Applying the 1975-1976 salary schedule in 1976-1977, however, Poulos would have been classified step 6, class II, earning $12,728. Poulos, Jim Parrish and Barbara Zigenhals brought this action to compel the District to pay each of them, not at the frozen level, but at the level reflecting the additional year of service as determined by the 1975-1976 salary schedule.

The 1975-1976 salary schedule also provided for “class” or “column” increases based on units of study completed beyond the bachelor’s degree. For example, in 1975-1976 respondent Joann Swift was classified step 7, class V, earning $15,669 annually. Upon completion of approved study units during the summer of 1976, Swift became eligible for the step 7, class VI, salary: $16,485. Before July 1, 1976, the District board had approved the study units of Swift, Ron Blanton and Jim Hollingsworth to be completed during the summer of 1976. Although these respondents