Certificated Employees Council v. Richmond Unified School District

[437]Opinion

BROWN (H. C.), J. Appellants sought a writ of mandate to set aside respondent’s decision changing rules governing employees which had been passed prior to taking the steps required by the Winton Act for resolving persistent disagreements. It is concluded that the object and purpose of the Winton Act would be frustrated if the employer could act before receiving the recommendations and findings of the committee to resolve the dispute and that the writ should be granted.

The parties agree on the accuracy of the findings of fact which reveal the following:

On February 23, 1972, the Board of Education of the Richmond Unified School District modified item 4.5 of section 111.04 and deleted item 6 of section 121.04 of the rules and regulations of the Certificated Employees Council of the Richmond Unified School District. Item 4.5 of section 111.04 originally read as follows: “Any adverse evaluation of teacher performance asserted by the Board or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.”

After modification, this rule provided as follows: “Inasmuch as teacher protection and recourse is afforded by California law in cases of adverse evaluation and recommendation for nonretention, the District grievance procedure will not apply.”

Item 6 of section 121.04, which the Board of Education of the Richmond Unified School District deleted, provided: “An organization may pursue a case it deems important to membership even though the principals do not wish to continue.” .

For more than 30 days prior to February 15, 1972, representatives of the board of the Richmond Unified School District and representatives of the certificated employees council of the district had negotiated in regard to these items. On February 15, 1972, the representatives of the board informed the certificated employees council that the changes in the two rules would be executed even though no agreement had been reached between the parties. The council then gave written notice dated February 18, 1972, that a persistent disagreement existed pursuant to Education Code sections and requested the appointment of a three-man, fact-finding panel pursuant to section 13087.1 of the Education Code. The board, however, carried out its intention to change the two rules without taking steps under section 13087.1.