Board of Education v. Unemployment Insurance Appeals Board

California Unemployment Insurance Appeals Board (Board) which had issued a “Precedent Benefit Decision” holding that a substitute teacher in the Long Beach Unified School District (District) was entitled to unemployment benefits during summer recess pursuant to the provisions of section 1253.3 of the Unemployment Insurance Code, appeals from the superior court judgment granting a petition for writ of mandate filed by the District and setting aside the Board’s decision. We affirm.

Facts

During the 1979-1980 school year, real party in interest, Steven N. Smith, was employed by the District as a substitute teacher. During that school year he taught on an average of 13 school days out of approximately 20 school days per month. He last worked on June 11, 1980.

On or about June 16, 1980, Mr. Smith received a form-type letter (dated June 16, 1980) from the assistant superintendent, personnel services divi sion, addressed to “Substitute Teachers” who had served the District during the 1979-1980 academic year. This form letter to the “Substitute Teachers” thanked each “for the fine service you have rendered and to again offer [the substitute teacher] the opportunity to serve…