CSEA
California School Employees Ass'n v. Governing Board of South Orange County Community College District
Opinion
Opinion
Aronson, J.
Education Code section 88003 provides that full-time, nonteaching community college positions qualify for “classified service,” entitling these employees to various job protections and benefits, such as vacation and sick leave. “Short-term” employees who work more than 75 percent of a college year also are entitled to classified status. (§ 88003.) The issue presented here is whether “substitute employees” similarly qualify for classified status if they work more than 75 percent of the academic year while temporarily replacing absent classified employees.
The California School Employees Association (CSEA) and three substitute nonacademic employees who worked 195 days or more during the college year appeal the denial of their writ of mandate to compel the South Orange County Community College District (the District) to recognize the workers as “classified” employees. Besides reclassification, CSEA sought “lost wages, benefits . . . and all other emoluments of employment” and reinstatement for one of the claimants whose employment allegedly had been terminated. The District contends section 88003 excludes substitute employees from classified service regardless of the length…