Cal. Sch. Emps. Ass'n. v. Sequoia Union High Sch. Dist.

[159]

Opinion

CALDECOTT, P. J.

This is an appeal from a judgment in favor of plaintiffs-respondents California School Employees Association (CSEA), directing the appellant Sequoia Union High School District (the District) “to treat March 28, 1975, as a paid holiday and adjust the compensation paid to the District’s classified employees accordingly.” March 28, 1975, was Good Friday.

The trial court’s findings of fact provided “that Petitioner CSEA, in its negotiations with Respondent District under the provisions of the Winton Act, which negotiations took place prior to January 16, 1975, negotiated March 28, 1975, as a holiday as a part of a wage and fringe benefit agreement.”

1

On January 16, 1975, the time of the adoption of the school calendar, the District, pursuant to its powers under sections 5202 and 5201.1 of the Education Code, declared March 28, 1975—Good Friday—a school holiday for all classified employees. On March 12, 1975, this court rendered its initial decision in

Mandel

v.

Hodges.

On March 25, 1975, the District informed its classified employees that they could not give the anticipated Good Friday holiday because of the

Mandel

decision. CSEA then filed its petition for a writ of mandate.

After rehearing, the Court of Appeal held in

Mandel

v.

Hodges,

54 Cal.App.3d 596 [127 Cal.Rptr. 244], that the Governor’s order proclaiming Good Friday a state holiday between the hours of noon and 3 p.m., violated the establishment clause of the First Amendment to the United States Constitution and article I, section 4 of the California Constitution.

Relying on the