Fontana Teachers Ass'n v. Fontana Unified School District

Facts

The Fontana Teachers Association (Association) is the exclusive representative for certificated employees of the Fontana Unified School District (District). Both the Association and the District are parties to a collective bargaining agreement (Agreement) which provides at paragraph 6.1.1 for the filing of grievances by any covered employee who alleges he or she has been “adversely affected by an alleged violation, misinterpretation or misapplication of this Agreement.” The Agreement also allows the Association to submit a grievance to arbitration.

Deanna Roach, a probationary kindergarten teacher who had begun teaching in the 1984-1985 school year, was notified by the District, in March 1986, pursuant to Education Code section 44882, subdivision (b), that her services would not be needed for the 1986-1987 school year. As a consequence of this notice, Ms. Roach filed a grievance alleging the District had violated article 39 of the Agreement, “Just Cause.” According to her grievance, “Notice of Non-Reelection [pursuant to Ed. Code, § 44882, subd. (b)] does not comply with progressive discipline, is punitive and fails to demonstrate good and sufficient reason.” The…