West Valley Federation of Teachers, Local 1953 v. Campbell Union High School District

In this case we are called upon to decipher and declare the legislative intent with respect to a narrow question arising under the Winton Act. (Ed. Code, § 13080 et seq.)

The question may be stated as follows: Where multiple certificated employee organizations exist and a negotiating council has been formed as required by law to represent such multiple certificated employee organizations, is the governing board of a school district required by law to hear direct oral presentations by individual certificated employee organizations?

For reasons which follow we concur with the trial court which answered this inquiry in the negative.

Appellant is an employee organization representing certificated high school teachers employed by respondent. Appellant, however, is only one of a number of certificated employee organizations in the district. It is therefore subject to the provisions of the Winton Act, which provide inter alia that where there is more than one certificated employee organization, a negotiating council shall be appointed to represent all the certificated employees in the district (§ 13085). Under the statutory scheme, the negotiating council shall have not more…