United Teachers Los Angeles v. Los Angeles Unified School Dist.

Full title: UNITED TEACHERS LOS ANGELES, Plaintiff and Appellant, v. LOS ANGELES…

Court: California Court of Appeals, Second District, Fifth Division

Date published: Oct 16, 2009

No. B214119 (Cal. Ct. App. Oct. 16, 2009)

Opinion

Page 200b

178 Cal.App.4th 200b __ Cal.Rptr.3d__ UNITED TEACHERS LOS ANGELES, Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant and Respondent. B214119 California Court of Appeal, Second District, Fifth Division October 16, 2009

Los Angeles County Super. Ct. No. BS116739

THE COURT:

It is ordered the opinion filed September 17, 2009 (177 Cal.App.4th 863; ___CaI.Rptr.3d ___ ), is modified in the following particulars and the petition for rehearing is Denied:

1. On page five in the second sentence of the second paragraph [177 Cal.App.4th 868, advance report, 2d full par., lines 2 and 3], 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 [177 Cal.App.4th 871, advance report, 2d full par., line 12], after the word "defense" delete the period, and insert "which will be subject to judicial review as authorized by Code of Civil Procedure section 1286.2, 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 [177 Cal.App.4th 871, advance report, 3d full par., line 1], delete "Rather, at" and its place, insert "At".

4. On page nine, in the last sentence of the second paragraph [177 Cal.App.4th 872, advance report, 1st par., line 1], 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 [177 Cal.App.4th 874, advance report, 2d full par., line 10], 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."

Page 200c

6. On page 13, in the new fourth sentence of the first full paragraph [177 Cal.App.4th 874, advance report, 2d full par., line 10], which begins with "In such case," delete "would" and insert "may".

The rehearing petition filed October 1, 2009, is denied.