Paramount Unified School District v. Teachers Ass'n of Paramount, CTA/NEA

— Paramount Unified School District (District) appeals from a judgment confirming an arbitration award directing that District pay its former probationary teacher L. Mason Frelix (Frelix) compensatory damages in the sum of $24,685.69. The primary issue on appeal is whether the trial court erred in failing to vacate an arbitration award on the ground that the arbitrator exceeded his powers within the meaning of Code of Civil Procedure section 1286.2, subdivision (d), by awarding monetary damages to Frelix.

Factual and Procedural Background

This is the second time this matter, arising out of District’s “nonreelection” or termination of employment of Frelix, is before the Court of Appeal. On the first appeal, District successfully defended the trial court’s order vacating that part of an arbitration award directing that District reinstate Frelix. In an unpublished opinion, Division Three of our District upheld that part of the trial court’s order vacating the arbitration award reinstating Frelix, a probationary teacher, for an additional probationary year, on the ground that the arbitrator exceeded his powers under California law by approving reinstatement as a remedy;…