Service Employees International Union v. Sacramento City Unified School District

Sacramento City Unified School District (District) appeals from a judgment granting a writ of mandate requiring District to provide additional employment benefits and retirement contributions for certain classified employees for work performed during summer sessions 1977-1982.

The employees involved in this appeal are classified bus drivers I, bus drivers II, and bus attendants (hereafter collectively referred to as bus drivers or classified employees). They are represented by plaintiff Service Employees International Union (Union). The benefits at issue are employer contributions to the Public Employees Retirement System (PERS), service credit towards retirement, sick leave and vacation leave.

The bus drivers employed by District during summer sessions 1977-1982 were employees of the District for the regular academic years preceding each of the summer sessions. Education Code section 45102 provides that with respect to a classified employee’s summer employment, the employee shall receive on a pro rata basis compensation and benefits applicable to the classification during the regular academic year. For summer employment, the bus drivers were compensated by a salary…