247 Cal. App. 4th 1235
Cal. Ct. App.2016Background
- United Educators of San Francisco (UESF) challenged denials of unemployment benefits for 26 District employees (substitute teachers and paraprofessionals) who received letters in spring 2011 stating they had reasonable assurance of employment for the 2011–2012 school year.
- The employees sought benefits for the period between May 27, 2011 and August 15, 2011; the District ran a limited summer school from June 9 to July 7/14 but had no instruction in the intervening weeks.
- The EDD denied benefits; ALJ reversed and granted benefits; the CUIAB reversed the ALJ in part, treating the entire summer as a recess but allowing benefits for claimants who had worked the prior summer for days not worked during summer session.
- UESF petitioned the superior court for writ of administrative mandate; the District separately sought invalidation of a CUIAB precedent (Brady) that had held qualifying substitute teachers eligible during summer session.
- The trial court held that "academic years or terms" excludes summer sessions for purposes of Unemployment Insurance Code §1253.3, reversed the CUIAB, and invalidated Brady; both CUIAB and UESF appealed.
- The Court of Appeal affirmed: summer sessions are not "academic terms" under §1253.3, so employees with reasonable assurance for the next regular academic year are ineligible for unemployment benefits during the summer recess between academic terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a district's summer session is an "academic term" under §1253.3 | UESF: summer session is an academic term; claimants lacked reasonable assurance for summer so are eligible | District/CUIAB: summer session may be an academic term for those who work it, but not for others; reasonable assurance for fall bars benefits | Held: Summer sessions are not "academic terms"; §1253.3 bars benefits between successive academic years/terms when reasonable assurance exists |
| Whether CUIAB precedent (Brady) allowing benefits for substitutes qualified for summer work is valid | UESF/CUIAB: Brady correctly recognizes eligibility when district deems claimant "qualified and eligible" for summer work | District: Brady contradicts §1253.3 and FUTA-conforming purpose; should be invalidated | Held: Brady invalid to the extent it conflicts with statute; administrative interpretation rejected as contrary to legislative intent |
| Whether prior 2005 superior court decision binds parties (res judicata/collateral estoppel) | UESF: 2005 decision that summer is "academic term" should preclude relitigation | District: 2005 differs in scope; public interest/federal law require relitigation | Held: No preclusion; issues differ and public interest/federal conformity justify relitigation |
| Proper interpretation standard for §1253.3 (statutory construction) | UESF: interpret §1253.3 to treat summer session as term where instruction occurs | District/Court: read §1253.3 per federal purpose and Education Code context; "academic year" means traditional fall-through-spring term | Held: Court applies de novo review, uses statutory text, legislative/federal history, and Education Code context to conclude summer is between academic terms |
Key Cases Cited
- Russ v. Unemployment Ins. Appeals Bd., 125 Cal.App.3d 834 (discusses FUTA conformity and legislative response in §1253.3)
- American Federation of Labor v. Unemployment Ins. Appeals Bd., 13 Cal.4th 1017 (overview of California unemployment program and federal-state conformity)
- Long Beach Unified School Dist. v. Unemployment Ins. Appeals Bd., 160 Cal.App.3d 674 (upheld invalidation of CUIAB precedent; teachers between terms viewed as on vacation)
- City of Sacramento v. State of California, 50 Cal.3d 51 (relitigation/public interest exception to collateral estoppel)
- Friedlander v. Employment Div., 676 P.2d 314 (Or. Ct. App.) (academic year excludes summer sessions)
- In re Claim of Lintz, 89 A.D.2d 1038 (N.Y. App. Div.) (summer session not an academic term)
- Harker v. Shamoto, 92 P.3d 1046 (Haw. Ct. App.) (substitute teacher not eligible for summer unemployment benefits)