United Teachers v. Los Angeles Unified School District

Petitioner, the United Teachers—Los Angeles union, sought a writ of mandate in the superior court to compel respondents, Los Angeles Unified School District, Board of Education of the Los Angeles Unified School District and Irene Yamahara, associate superintendent of personnel, to grant part-time status to eligible employees pursuant to regulations adopted by respondents and incorporated into the parties’ collective bargaining agreement. The trial court found the wording of the regulations was not in compliance with certain mandatory provisions of the Education Code and concluded it could not compel performance of noncomplying regulations. Although the court agreed with petitioner’s arguments, it denied the writ without prejudice to allow petitioner to refile its petition.

The resolution of this case is controlled by certain mandatory provisions of the Education Code. Section 44924 of the Education Code provides any contract or agreement which purports to waive an employee’s rights under that chapter of the Education Code is null and void. Consequently we conclude those regulations in the collective bargaining agreement which purport to govern the parties’ part-time…