California Teachers' Ass'n v. Livingston Union School District

In October of 1987 appellants California Teachers’ Association, local teachers associations and individual teachers filed a petition for writ of mandate and complaint asking for declaratory relief against respondents, several school districts and their governing boards, including Livingston, Merced, Weaver, Los Banos, Exeter and Springville. Appellants claimed the salary schedules adopted in the various districts violated Education Code section 45028. Appellants filed an amended complaint in April of 1988.

Respondents variously demurred to and/or answered the petition and complaint, each claiming appellants failed to exhaust their administrative remedies, having failed to pursue their complaints first before the Public Employment Relations Board (PERB). Respondents also claimed the salary schedule was permitted under an exception to section 45028 created in Government Code section 3543.2, subdivision (d).

The parties stipulated the trial court could decide two issues:

The trial court, after a hearing, ruled in favor of the school districts and their boards. The judgment read in relevant part: “1. The provisions of the salary schedules challenged by [appellants] have…