Bassett Federation of Teachers Local 727 v. Board of Education

Good Law
112 Cal. App. 3d 532·169 Cal. Rptr. 523·1980 Cal. App. LEXIS 2480
Court of Appeal of CaliforniaNovember 25, 1980Civ. No. 58711California3,589 words

Opinion

Lead Opinion

Auerbach, J.

*535 Opinion

Defendant appeals from a judgment granting a peremptory writ of mandate requiring defendant Board of Education of the Bassett Unified School District (District) to retroactively remunerate plaintiffs Robert Faraca (Faraca) and Gary Emert (Emert) as full-time teachers beginning with certain dates in 1974 to and including June 30, 1977, (reduced by compensation already paid them during those periods), to pay legal interest on such award of back pay, and to make full contributions on behalf of Faraca and Emert to the State Teachers Retirement System for these periods of time.

We have determined that the court erred in concluding that plaintiffs’ position was supported by Campbell v. Graham-Armstrong (1973) 9 Cal.3d 482 [ 107 Cal.Rptr. 777 , 509 P.2d 689 ]. That case ruled that part-time kindergarten teachers who worked a minimum schoolday thereby achieved the status of full-time employees and further held that such rights to full-time compensation could not be waived by their contracts of part-time employment.

Issue

Did Faraca and Emert acquire the status of full-time employees for compensation purposes notwithstanding their contracts as half-time…

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