California School Employees Ass'n v. Sequoia Union High School District

The California School Employees Association has appealed from an order denying a preliminary injunction against the Sequoia Union High School District. (Code Civ. Proe. former § 963, subd. 2; now § 904.1, subd. (f).) The injunction was sought to restrain respondent district- from contracting for vending machines to dispense foodstuffs prepared off the school premises to pupils within the district.

The facts of this case are undisputed. Appellant is an employee representative organization representing employees in the public school system in the classified form of noficerti fied service. Respondent is a school district within the County of San Mateo.

During April of 1967, the district employed 35 persons in connection with its cafeteria service. On May 8, 1967, the governing board of the district decided to discontinue cafeteria services in its schools for the school year 1967-1968. The board at that time gave no indication that any substitute form of food service was being considered. The 35 food service employees were discharged as of July 1, 1967 by action of the board.

Prior to the above action of the board, a vending machine program had been operating for several years…