California Teachers Assn. v. GOVERNING BD. OF SALINAS CITY ELEMENTARY SCHOOL DIST.

Plaintiffs California Teachers Association (CTA) and the Salinas Elementary Teachers Council (SETC) (collectively, the unions) brought an action against defendants Governing Board of the Salinas City Elementary School District and the Salinas City Elementary School District (collectively, the District). The action alleged that the District's interpretation of the parties' collective bargaining agreement created teacher pay disparities in violation of Education Code section 45028, [1] and that contract language freezing advancement for some but not all teachers for the 2005-2006 school year created additional salary uniformity violations. The District demurred on the ground the court lacked jurisdiction because the unions had not adequately pleaded exhaustion of the administrative remedy specified in the collective bargaining agreement. The trial court sustained the demurrer without leave to amend and dismissed the action.

On appeal, the unions claim the sustaining of the demurrer was error. [2] They contend that (1) "case law is clear that even though a salary schedule is negotiated and is a part of the collective bargaining agreement . . ., the Superior Court still…