California School Employees Ass'n v. Kern Community College District Board of Trustees
Opinion
Opinion
Buckley, J.
Appellant Kem Community College District Board of Trustees (hereafter the District), a nonmerit school district, appeals from injunctive relief granted to respondent California School Employees Association (hereafter CSEA) prohibiting the District from subcontracting certain groundskeeping services. The District argues the injunction must be lifted because it may lawfully subcontract for these services.
In this opinion we hold that critical distinctions between merit and non-merit school districts compel a conclusion that under certain circumstances school districts may subcontract for services with persons who are not employees of the district.
Statement of Facts
The District and CSEA are parties to a collective bargaining agreement providing, in relevant part:
On or about July 28, 1992, the District entered into a contract with C & C Lawn Service (hereafter C & C), whereby C & C agreed to perform groundskeeping services at Porterville College. Prior to the contract with C & C, all of the District’s groundskeeping work was performed exclusively by the District’s classified workers.
Dr. Richard Wright, president of Bakersfield College, declared that C & C performed…