CALIFORNIA > TEACHERS
ASSOCIATION AND SALINAS > ELEMENTARY
TEACHERS COUNCIL v. GOVERNING BOARD OF THE >SALINAS > CITY
ELEMENTARY SCHOOL DISTRICT >





Filed 7/14/10;
pub. order 7/30/10
(see end of opn.)



IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SIXTH
APPELLATE DISTRICT




>

CALIFORNIA TEACHERS ASSOCIATION AND SALINAS ELEMENTARY TEACHERS COUNCIL et al., Plaintiffs and Appellants, v. GOVERNING BOARD OF THE SALINAS CITY ELEMENTARY SCHOOL DISTRICT et al., Defendants and Respondents.

H033788 (Monterey County Super. Ct. No. M91905)

Plaintiffs California Teachers Association (CTA) and the
Salinas Elementary Teachers Council (SETC) (collectively, the unions) brought
an action against defendants Governing Board of the Salinas
City Elementary School
District and the Salinas
City Elementary School
District (collectively, the District). The action alleged that the District's
interpretation of the parties' collective
bargaining agreement created teacher pay disparities in violation of
Education Code section 45028,[1]
and that contract language freezing advancement for some but not all teachers
for the 2005-2006 school year created additional
salary uniformity violations. The
District demurred on the ground the court lacked jurisdiction because the
unions had not adequately pleaded exhaustion of the administrative remedy
specified in the collective bargaining agreement. The trial court sustained the demurrer without
leave to amend and dismissed the action.


On appeal, the unions claim the sustaining of the demurrer was
error.[2] They contend that (1) â€