United Teachers of Ukiah v. Board of Education

In United Teachers of Ukiah v. Board of Education (1988) 201 Cal. App. 3d 632, Division Two of the First Appellate District held that the school district's policy of giving exceptionally gifted teachers from outside the district credit for more than five years of experience violated the uniformity requirements of section 45028 since the school district's contract with its existing teachers allowed only up to a five-year maximum of credit for prior teaching experience in determining placement on the district's salary schedule. "There simply is no way we can characterize the school district's preferential hiring policy as one predicated upon a uniform classification scheme when some teachers received credit for all prior experience and others were limited to a five-year maximum." (United Teachers of Ukiah, at p. 641.) The court noted that Government Code section 3543.2, subdivision (d), effective July 28, 1983, after the contract year in question, allowed the parties to agree to the application of nonuniform salary standards. (United Teachers of Ukiah, at p. 643.) Government Code section 3543.2, subdivision (d) authorizes school districts to negotiate contracts for additional compensation to teachers based on criteria other than years of training and experience. In pertinent part, the subdivision provides: "Notwithstanding Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the payment of additional compensation based upon criteria other than years of training and years of experience." (Ibid.)