Service Employees International Union v. Board of Trustees

The question presented here is whether a community college district may enter into a contract with a private entity for the operation of its campus bookstores. The trial court decided this issue in favor of the college district, granting the district’s cross-motion for summary judgment. Appellant is a union representing two classified employees who were employed by the district in the campus bookstore. Appellant claims the contract is not authorized by any provision of the Education Code and is inconsistent with sections 81676, 88003 and 88004 of the code. Respondent contends the general authority of section 70902 permits it to contract out the operation of its bookstore, even though no statute specifically provides authorization. Respondent also contends the contract is allowed under Government Code section 53060 as a “special services” contract. We agree with respondent and we therefore affirm the judgment.

Background

In December of 1990, appellant, the Service Employees International Union, Local 715, filed a complaint for declaratory and injunctive relief. The complaint alleged that respondent, the Board of Trustees of the West Valley/ Mission Community College…