United Teachers of Ukiah v. Board of Education

Good Law
1988 Cal. App. LEXIS 842·201 Cal. App. 3d 632·251 Cal. Rptr. 499
Court of Appeal of CaliforniaFebruary 17, 1988A037354California4,535 words

Opinion

Opinion

Kline, J.

This case presents an appeal by the Board of Education of Ukiah Unified School District, the district superintendent, George A. Gustafson, and the school district (collectively, appellants) from the granting of a writ of mandate in a proceeding instituted by respondents, the United Teachers of Ukiah (the collective bargaining representative of the district’s certificated employees) and three individual teachers employed by the district (collectively, respondents).

On appeal, appellants assert the writ of mandate was erroneously granted because: (1) the Public Employment Relations Board (PERB) had exclusive initial jurisdiction over the issues involved; (2) contrary to respondents’ claims, appellants’ actions did not violate Education Code section 45028; and (3) respondents’ action was barred by laches. Appellants further contend that the court imposed an inappropriate remedy by reclassifying certain individuals rather than ordering payment of adequate backpay. We reject these arguments and therefore affirm the judgment in its entirety.

Background

For a period beginning before January 1, 1970, and ending February 1, 1985, the contract between the United Teachers of…

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