McNickels

The appellants are three school teachers who claim their employer, the Richmond School District, made wrongful deductions *1211 from their salaries for absences while on strike. It is conceded that their absences were unauthorized and that deductions for unauthorized absences are proper. Appellants contend, however, that the trial court erred in failing to order the district to use the formula prescribed in Education Code section 13520 in making those deductions.

The facts are not disputed. The appellants are employed as teachers by the respondent school district. During the 1966-1967 school year, appellants and other teachers went on strike for the period of September 12 through September 19. The respondent deducted from their salaries an amount equal to 1/179th of their annual salary for each day they were absent from work. The basis of this ratio was that the schools in respondent’s district were in actual session for 179 days of that school year. Appellants claim that if deductions are to be made the formula used by the district and approved by the trial court is in violation of Education Code section 13520. By applying this code section, the ratio is conceded to be…