Jacobs

The question before us is whether a school district’s decision not to reelect a probationary teacher is subject to arbitration under a collective bargaining agreement, where it is alleged that the decision was made in retaliation for the teacher’s participation in protected activities. We conclude that, pursuant to Board of Education v. Round Valley Teachers Assn. (1996) 13 Cal.4th 269, 281 [ 52 Cal.Rptr.2d 115 , 914 P.2d 193 ] (Round Valley), the decision is not subject to contractual arbitration. Where, as here, the decision is alleged to be a violation of the Educational Employment Relations Act (EERA) (Gov. Code, §§ 3540-3549.3), the remedy lies with the Public Employment Relations Board (PERB). (Id., §§ 3541, 3541.3.)

I. Background

Michael Jacobs was in his second year as a probationary teacher with plaintiff Sunnyvale Unified School District (the District) when, on March 7, 2005, the District notified him that he would not be reelected for the following school year. In so doing, the District denied Jacobs the tenure that he would have otherwise acquired at the close of his second year teaching in the District. (Ed. Code, § 44929.21, subd. (b).) Defendant Sunnyvale…