Westminster School District v. Superior Court

This proceeding involves a dispute arising out of provisions of the Winton Act (Ed. Code, § 13080 et seq. [Stats. 1965, ch. 2041, as amended by Stats. 1970, chs. 1412, 1413]). By minute orders dated April 19 and May 2, 1972, the Orange County Superior Court undertook to appoint the third member of the persistent disagreement committee (Ed. Code, § 13087.1) upon the failure of the parties to agree to such third member. Petitioners seek a writ of mandate contending the court has no jurisdiction to appoint such third member and that the court abused its discretion in appointing as the purported neutral third member Robert G. Miners, a professional arbitrator. This court issued an alternative writ of mandate and stay order to review the matter.

Material Facts

The Winton Act, among other things, requires a public school employer to “meet and confer” with representatives of certificated employee organizations upon request with regard to all matters relating to' employment conditions and employer-emplyee relations as well as procedures relating to the definition of educational objectives, the determination of the content of courses and curricula, the selection of text books,…