San Leandro, CALIFORNIA

August 28, 2007 - In a case that illustrates how unions campaign for their candidates, an Appellate court agreed with the school district that the union couldn't put their newsletters in the teachers' school district mailbox.

The mailboxes are intended to communicate with teachers and staff on school-related matters. When the assistant school superintendent advised the union that they couldn't use the district facilities to distribute materials that contained campaign endorsements, the union sued.

First, the union claimed an unfair practice. That was dismissed by the Public Employee Relations Board.

A trial resulted in a win for the union and awarded attorney fees to the union. In reviewing the case, the Appellate court noted that the union already places their newsletters in the teacher's lounge. The court concluded by stating that, "Because the internal school mailbox system is a nonpublic forum and the District’s restrictions on its use are reasonable and viewpoint neutral, we conclude that the District’s policy is constitutional. We therefore reverse the trial court’s order and reversethe order awarding attorney fees."

The case is San Leandro Teachers Association v the Governing Board of the San Leandro Unified School District PDF
(Alameda County Super. Ct. No. RG05235795)