California School Employees Ass'n. v. Governing Board of the Marine Community College District

Classified employees of the state's community colleges are entitled to the paid holidays enumerated in Education Code section 88203, including "every day appointed by the President, or the Governor of this state ... for a public fast, thanksgiving or holiday...." We must decide whether President George Bush "appointed" days of thanksgiving, within the meaning of the Education Code, when, at the conclusion of the Persian Gulf War, he proclaimed April 5, 6, and 7, 1991, as "National Days of Thanksgiving." As we explain, we conclude that the President's proclamation did not entitle community college classified employees to holiday compensation for those days. We therefore reverse the judgment of the Court of Appeal.

Following the end of hostilities in the Persian Gulf region, President Bush issued Presidential Proclamation No. 6257, entitled, "For National Days of Thanksgiving, April 5-7, 1991." (Pres.Proc. No. 6257, 56 Fed.Reg. 10353 (Mar. 7, 1991), 1991 U.S. Code Cong. & Admin. News, p. A26 [hereafter Proclamation 6257].) In relevant part, the proclamation states: "... I, GEORGE BUSH, President of the United States of America, do hereby proclaim April 5-7,…

—Classified employees of the state’s community colleges are entitled to the paid holidays enumerated in Education Code section 88203, *336 including “every day appointed by the President, or the Governor of this state . . . for a public fast, thanksgiving or holiday . . . .” We must decide whether President George Bush “appointed” days of thanksgiving, within the meaning of the Education Code, when, at the conclusion of the Persian Gulf War, he proclaimed April 5, 6, and 7, 1991, as “National Days of Thanksgiving.” As we explain, we conclude that the President’s proclamation did not entitle community college classified employees to holiday compensation for those days. We therefore reverse the judgment of the Court of Appeal.

I.

Following the end of hostilities in the Persian Gulf region, President Bush issued Presidential Proclamation No. 6257, entitled, “For National Days of Thanksgiving, April 5-7, 1991.” (Pres.Proc. No. 6257, 56 Fed.Reg. 10353 (Mar. 7, 1991), 1991 U.S. Code Cong. & Admin. News, p. A26 [hereafter Proclamation 6257].) In relevant part, the proclamation states: “. . . I, George Bush, President of the United States of America, do hereby proclaim April…

This case calls for the straightforward application of an unambiguous statute. In language that could hardly be clearer, Education Code section 88203 creates a paid holiday for secretaries, janitors, cafeteria workers, and other community college employees in nonacademic positions on “every day appointed by the President . . . for a public fast, thanksgiving or holiday.” Only a lawyer would doubt that President Bush appointed days of thanksgiving within the meaning of section 88203 by his proclamation at the end of the Persian Gulf War that “. . . I, George Bush, President of the United States of America, do hereby proclaim April 5-7, 1991, as National Days of Thanksgiving.” (Pres.Proc. No. 6257, 56 Fed.Reg. 10353 (Mar. 7, 1991), 1991 U.S. Code Cong. & Admin. News, p. A26 [hereafter Proclamation 6257].)

The majority, however, shirks its duty to carry out the legislative intent revealed by the plain meaning of Education Code section 88203’s words, concluding that secretaries, janitors and cafeteria workers are not entitled to receive a paid holiday unless the same holiday has first been granted to everyone else in society. Instead of applying the statute as written, the majority…