California substitute teacher claims she has constitutional, statutory rights to representation

The California Court of Appeal recently upheld the Public Employment Relations Board’s finding that a substitute teacher was excluded from union representation by virtue of the collective bargaining agreement between the union and the school district.

The plaintiff in the case of Wu v. Public Employment Relations Board was a substitute teacher and home hospital instructor with the Twin Rivers Unified School District.

The plaintiff filed a claim against the school district. She alleged that, while the school district classified her as a substitute teacher, she fell under a different classification under the Education Code since she was also a home hospital instructor. She contacted Twin Rivers United Educators, a union, for representation.

The Public Employment Relations Board refused to file an unfair labor practice complaint on the plaintiff’s behalf. The board said that she was not entitled to union representation since the collective bargaining agreement between the union and the school district excluded substitute teachers from the union’s membership.

This prompted the plaintiff to file an unfair practice charge with the board. The board dismissed her charge.

The plaintiff took the case to court. She alleged that the board committed an error by ignoring the Education and Employment Relations Act. The board and the union demurred. The trial court sustained the demurrer.

The...

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