Title: Message
During
class time, public school teachers were wearing large buttons that carried the
message that their pay had declined relative to other teachers in other school
districts in the same county. This was in support of their union's
attempt to convince the school board to pay them more. The California Court of Appeal held that this
union message was political speech (because it attempted to influence a public
body), and that a California statute authorized the school district to
prohibit such political speech by teachers during class time.
Mark
Scarberry
Pepperdine
D
A I L Y C A S E L A W S U M M A R I E S
The following caselaw summaries are provided as a courtesy to Los Angeles
County Bar Association members by the Metropolitan News-Enterprise
http://www.metnews.com. Summaries from the past 90 days are archived and
searchable on the LACBA Web site at http://www.lacba.org/dailyebriefs.
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CALIFORNIA COURT OF APPEAL
...
-Labor
and Employment Law-
Teacher's wearing of union buttons in classroom during class time constitutes
"political activity," which may be restricted by district under
Education Code unless union and district have agreed otherwise through collective
bargaining.
Turlock Joint Elementary School District
v. Public Employment Relations Board (Turlock Teachers Association) - filed October 3, 2003, Fifth District
Cite as 2003 SOS 5292
Full text http://www.metnews.com/sos.cgi?1003%2FF041187
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