San Leandro Teachers Ass'n v. Governing Bd.

The Governing Board of the San Leandro Unified School District, the San Leandro Unified School District (District), District Superintendent Christine Lim, and Assistant Superintendent Mike Martinez (collectively referred to as appellants) appeal the trial court's order granting the petition for peremptory writ of mandate brought by the San Leandro Teachers Association (SLTA) and the California Teachers Association (CTA) (collectively referred to as respondents), prohibiting appellants "from restricting the content of communications by SLTA placed in the District's mailboxes." Appellants also appeal the order granting respondents' motion for attorney fees. [1] We reverse.

The essential facts underlying this case are not in dispute. SLTA is the exclusive bargaining representative of the District's certificated employees. On October 11 and 12, 2004, SLTA distributed two employee newsletters by placing them in internal faculty mailboxes located at the District's schools. The first newsletter, entitled "SLATE," is a two-page memorandum from SLTA's president that contains a section discussing the upcoming school board election. [2] The second news letter is a one-page…