United Teachers v. LA Unified Sch. Dist. 10/16/09 CA2/5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B214119M

Case Date: 12/24/2009

Preview:Filed 10/16/09

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

UNITED TEACHERS LOS ANGELES, Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant and Respondent.

B214119 (Los Angeles County Super. Ct. No. BS116739) ORDERS: MODIFYING OPINION AND DENYING REHEARING PETITION [NO CHANGE IN JUDGMENT]

The opinion filed September 17, 2009, is modified in the following particulars: 1. On page five in the second sentence of the second paragraph, delete the words "union members" and insert in their place the words "charter school employees". 2. On page nine, at the end of the first paragraph, after the word "defense" delete the period, and insert "which will be subject to judicial review as authorized by section 1286.4, subdivision (a)(4) (see post, fn. 3) as discussed in Board of Education v. Round Valley Teachers Assn., supra, 13 Cal.4th at pages 273-276. It may very well be the arbitrator will conclude all of the union's claims are barred by section 47611.5, subdivision (e)".

3. On page nine, at the start of the second paragraph, delete "Rather, at" and its place, insert "At". 4. On page nine, in the last sentence of the second paragraph, after the "defense" and before the period, insert "to the merits of the grievance including the argument that the arbitrator must reject it because of the statute's preemptive effect". 5. On page 13, in the first full paragraph, insert the following as the new third sentence, "Or the arbitrator may issue an award that has nothing to do with the charter school petition but only reaches issues such as the adequacy of notice and its effect on union members who will not be involved in the charter school operation." 6. On page 13, in the new fourth sentence of the first full paragraph, which begins with "In such case," delete "would" and insert "may". The rehearing petition filed October 1, 2009, is denied.

_____________________ TURNER, P.J.

______________________ ARMSTRONG, J.

______________________ KRIEGLER, J.

2

Download United Teachers v. LA Unified Sch. Dist. 10/16/09 CA2/5.pdf