California School Employees Ass'n v. Bonita Unified School District

— For decades, the Education Code did not permit classified employees of public school districts to submit disciplinary disputes to binding arbitration. Rather, the district’s governing board had broad and sole authority to make disciplinary decisions. In 2001, the Legislature addressed the subject. The result was a statute — not yet construed by the courts — that allows classified employees to arbitrate certain disciplinary matters (Ed. Code, § 45113, subd. (e) (section 45113(e)).

Here, a school district summarily terminated a classified employee, declining to apply the progressive disciplinary steps set forth in the parties’ collective bargaining agreement (CBA). Under the CBA, progressive discipline was mandatory unless the employee’s wrongdoing was sufficiently “serious.” The discharged employee and the union submitted to arbitration the question of whether the employee’s wrongdoing was so serious as to excuse the use of progressive discipline. The arbitrator found in the employee’s favor and ordered his reinstatement with backpay and benefits.

The 2001 statute authorizes the district’s governing board to review an arbitration award under the standards imposed by…