Certificated Employees Council v. Richmond Unified School District

*437 Opinion

Appellants sought a writ of mandate to set aside respondent’s decision changing rules governing employees which had been passed prior to taking the steps required by the Winton Act for resolving persistent disagreements. It is concluded that the object and purpose of the Winton Act would be frustrated if the employer could act before receiving the recommendations and findings of the committee to resolve the dispute and that the writ should be granted.

The parties agree on the accuracy of the findings of fact which reveal the following:

On February 23, 1972, the Board of Education of the Richmond Unified School District modified item 4.5 of section 111.04 and deleted item 6 of section 121.04 of the rules and regulations of the Certificated Employees Council of the Richmond Unified School District. Item 4.5 of section 111.04 originally read as follows: “Any adverse evaluation of teacher performance asserted by the Board or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.”

After modification, this rule provided as follows: “Inasmuch as teacher protection and recourse is afforded by California law in cases of adverse…

I concur.Respondent points out situations in which the time requirements of the Education Code (as those for adoption of budget and fixing of tax rate) would necessarily bar all action if the provision of section 13087.1 were invoked at a late date. No such problem, however, is even suggested here and, as pointed out in the principal opinion, a rule of reason would, in such situation bar a thwarting of necessary action by the board. In such situations as that before us, there is no reason to depart from procedures which the Legislature has deemed essential to carry out the salutary purposes of the Winton Act.

A petition for a rehearing was denied December 24, 1974, and respondent’s petition for a hearing by the Supreme Court was denied January 23, 1975.