Bunch

Sonnenschein, Nath & Rosenthal, Lee T. Paterson and Leonora M. Schloss for Real Parties in Interest and Respondents.

OPINION

HANING, J.

Appellant, Local 21, International Federation of Professional and Technical Engineers, AFL-CIO (Local 21), [1] appeals the denial of its petition for writ of mandate seeking to enforce an arbitration award concerning wages and benefits of certain school district employees.

This case arises out of the passage of Proposition B, which amended the Charter of the City and County of San Francisco (charter) concerning the scope of collective bargaining and binding arbitration for determining wages and benefits of City employees. (S.F. Charter, § 8.409 et seq.) The issue is whether, notwithstanding the passage of Proposition B, the District retained its rights under the Educational Employment Relations Act (EERA) (Gov. Code, § 3540 et seq.) to negotiate wages and benefits of certain noncertificated civil service employees who are assigned to work at the District. [2] Because this dispute involves conduct "arguably protected or prohibited" by the EERA we conclude that it should have been initially adjudicated by the Public Employment Relations Board…