Sonoma Cty. Bd., Educ. v. Pub Employment Relt Bd.

102 Cal. App. 3d 689, 163 Cal. Rptr. 464
CourtCalifornia Court of Appeal
DecidedFebruary 28, 1980
Docket45339
StatusPublished

This text of 102 Cal. App. 3d 689 (Sonoma Cty. Bd., Educ. v. Pub Employment Relt Bd.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sonoma Cty. Bd., Educ. v. Pub Employment Relt Bd., 102 Cal. App. 3d 689, 163 Cal. Rptr. 464 (Cal. Ct. App. 1980).

Opinion

102 Cal.App.3d 689 (1980)
163 Cal. Rptr. 464

SONOMA COUNTY BOARD OF EDUCATION, Plaintiff and Appellant,
v.
PUBLIC EMPLOYMENT RELATIONS BOARD, Defendant and Respondent; SONOMA COUNTY ORGANIZATION OF PUBLIC EMPLOYEES, Real Party in Interest and Respondent.

Docket No. 45339.

Court of Appeals of California, First District, Division One.

February 28, 1980.

*691 COUNSEL

V.T. Hitchcock and Rene Auguste Chouteau for Plaintiff and Appellant.

William P. Smith, Allen R. Link and Terry Filliman for Defendant and Respondent.

Peter M. Renkow and Doty & Renkow for Real Party in Interest and Respondent.

*692 OPINION

RACANELLI, P.J.

The 1975 Educational Employment Relations (Rodda) Act (Gov. Code, § 3540 et seq.) authorizes public school employees to join employee organizations for purposes of exclusive representation with public school employers on matters pertaining to employment relations including "wages." (Gov. Code, § 3543.2.) The preexisting statutory scheme mandating the implementation of a civil service or merit system for classified employees in a county school district (Ed. Code, §§ 1317, 45240 et seq.)[1] prohibits any (salary) changes which effectively "disturb the relationship which compensation schedules bear to one another" as established by the personnel commission (§ 45268). A 1977 statutory amendment requires commission rules covering matters which are the subject of negotiation under the Rodda Act to be "in accordance with the negotiated agreement" (§ 45261, subd. (b)). In this appeal, we consider whether a conflict exists between the related statutes and the implications, if any, of such conflict.

The relevant facts are undisputed. During the course of negotiations between appellant Sonoma County Board of Education (Board) and the Sonoma County Organization of Public Employees (SCOPE), the exclusive bargaining representative in behalf of the Board's nonsupervisory classified employees, SCOPE became aware of a pending study by the Board's duly constituted personnel commission (Commission) related to salaries of various classified positions and the proposed realignment or reclassification of certain positions on the salary schedule. SCOPE then demanded that the Board meet and negotiate regarding the salaries of individual job classifications within its representative unit; the Board rejected such claim on the grounds that the matter of salaries and salary ranges fell within the exclusive province of the Commission and was thus beyond the scope of negotiations. Following a hearing on charges of unfair practices filed by SCOPE, respondent Public Employment Relations Board (PERB)[2] determined that the Board's refusal to meet and negotiate the question of salaries to be paid to individual job classifications violated the statutory prohibition (Gov. Code, § 3543.5, subd. (c)) and issued a "cease and desist order" with the proviso that the Board had no obligation to bargain on proposals which would change the relationship of individual job classifications *693 as established by the Commission within an occupational group. Upon the hearing of the Board's petition for mandamus relief and the PERB's cross-petition for enforcement (see Gov. Code, § 3542, subd. (b)), the trial court entered a judgment enforcing the challenged decision. The Board appeals from the judgment.[3]

Issue Presented

The appeal presents an issue of first impression: whether section 45268 effectively precludes a governing school board from negotiating wages for individual job classifications.[4]

Contentions

The Board renews its contention below that the underlying purpose and function of the merit system evidences a legislative intention that the collective bargaining provisions of the Rodda Act be subordinate to the existing merit system and rules providing for the establishment of classified salaries and salary ranges. Though the Board has ultimate authority to set such salaries, it is argued that only the Commission has jurisdiction to make final decisions affecting the relationship which salaries bear to each other on the salary schedules.[5] Thus, it is concluded, the Board's power to negotiate salary matters is limited to changes which uniformly affect all classifications. The PERB counters that the only restriction imposed under section 45268 upon the Board's duty to meet and negotiate salaries or wages is that it may not fix such salaries *694 in a manner which disturbs the classification relationship within an individual occupational group. In essence, the PERB argues that the Board is free to negotiate salaries within individual job classifications so long as the relationship established by the Commission of one job to another within the same occupational group (job ranking) remains unchanged.[6] While generally agreeing with the PERB's position, SCOPE further argues that the Board's inflexible interpretation of the statutory restriction would empower it to unilaterally determine wages for individual employees allowing existing wage inequities to remain immutable, thus effectively subverting a basic purpose of the collective bargaining statutes.

We begin our discussion with a brief review of the origin of the merit system in government employment and the evolution of collective bargaining legislation in the public sector, particularly as related to local educational employment.

The Merit System

The introduction of the merit principle into the field of governmental employment is rooted in the belief that employees should be recruited, selected and advanced under conditions of political neutrality, equal opportunity and competitive merit. (See Grodin & Wollett, Labor Relations and Social Problems: Collective Bargaining in Public Employment (2d ed. 1975) pp. 162-163; see also 3 McQuillen, Municipal Corporations (3d ed. 1969) §§ 12.55, 12.76.) The implementation of that principle through the establishment of merit or civil service systems in the public sector had as its principal focus the removal of political or other extraneous considerations in favor of those based upon relative competence and fitness. (Hanley v. Murphy (1953) 40 Cal.2d 572, 577 [255 P.2d 1]; Grodin & Wollett, op. cit. supra, at p. 162.) The gradual development of modern personnel administration in the public sector witnessed a shift in emphasis from such original focus to one of a greater concern for economy and efficiency in government resulting in the merger of traditional merit systems into comprehensive programs of personnel management initiated and administered by the government employer. (Grodin & Wollett, op. cit. supra, at p. 162.)

Under the authority of a 1935 legislative mandate (see § 1317), merit systems were introduced into local public school personnel administration *695 in accordance with a comprehensive statutory scheme. (§ 45240 et seq.) The statutory model established an independent personnel commission (§ 45243) charged with the duty to classify all school

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Bluebook (online)
102 Cal. App. 3d 689, 163 Cal. Rptr. 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonoma-cty-bd-educ-v-pub-employment-relt-bd-calctapp-1980.