San Jose Federation of Adult Education Teachers, Local 957 v. Superior Court

Petitioner, San Jose Federation of Adult Education Teachers, Local 957, CFT/AFT, AFL-CIO, petitioned this court to set aside a trial court’s order vacating an arbitration award. The real party in interest is the San Jose Unified School District (hereafter District).

Petitioner is the collective bargaining representative of certain certificated teaching employees of the District. During the period of a collective bargaining agreement between the parties, a grievance arose concerning the assignment of Dorothy L. Wright, a certificated employee within the bargaining unit represented by petitioner. Her grievance concerned a position she was offered as instructor for school bus drivers. She had been offered a position teaching evening classes, but because of a mixup Richard Chavoya, the Saturday instructor, had been assigned to teach her classes. Ms. Wright’s grievance was submitted to arbitration under provisions set forth in the collective bargaining agreement.

The issue submitted to the arbitrator was “Whether or not the District has violated the Agreement, specifically [sections related to posting job announcements and the applicant selection process], by the manner in…