Fresno Unified School District v. National Education Ass'n

This is an appeal by the Fresno Unified School District (School District) from a judgment of dismissal of its action against the National Education Association, California Teachers Association and Fresno Teachers Association, the three associations hereinafter identified as “Teachers.” At issue is the right of the School District to prosecute a superior court action for damages against the Teachers without first exhausting the remedies provided by the Education Employment Relations Act (EERA), Government Code sections 3540-3549.3. The administrative agency concerned is the Public Employment Relations Board (PERB).

The Factual Background

The School District and its local teachers’ organization were the parties to a collective bargaining agreement which would have expired but for a provision which called for it to be extended until either a successor agreement was adopted or certain impasse procedures were exhausted. Article XLV of the contract provided: “It is understood and agreed that there will be no strike, work stoppage, slowdown or concerted refusal to perform normal job functions and responsibilities by the Association, its officers and/or agents or members of the…