California Teachers' Ass'n v. Governing Board

The Governing Board of Gustine Unified School District and the Gustine Unified School District (District) have appealed from a judgment granting a peremptory writ of mandate and granting declaratory relief in favor of California Teachers’ Association (CTA) and A. Charles Wilson (Wilson). The writ of mandate directs District to pay to Wilson, a certificated teacher, “differential sick-leave salary” and health benefits during five school months of the 1980-1981 school year when he did not work because of a back injury. “Differential sick-leave salary” means the absent teacher is paid the difference between his salary and the pay received by the substitute teacher who replaces him during his absence and is referred to as “differential pay.” “Health benefits” refers to the teacher’s entitlement under the applicable collective bargaining agreement to District payment of health plan premiums.

Facts

The facts in this case are not in dispute. Wilson was a certificated, tenured teacher employed by District for many years prior to the 1979-1980 school year. In 1977, Wilson sustained a work-related back injury which required him to undergo back surgery. As a further result of this…