PLACENTIA YORBA LINDA : School Union Sues for ‘Holiday’ Pay

The union that represents Placentia-Yorba Linda Unified School District’s 875 classified employees is suing the district for overtime pay for working two days union officials say were national holidays.

The disputed days occurred in April, 1991, following the end of the Persian Gulf War. A statement by then-President Bush in March, 1991, proclaiming April 5 to 7 “National Days of Thanksgiving” to celebrate the end of the war and the return of American troops, was interpreted by the union as a declaration of a national holiday.

“Education Code Section 45203 lists those days which shall be paid holidays for classified school employees including . . . every day appointed by the President . . . for a public fast, thanksgiving or holiday,” the lawsuit says.

The Placentia chapter of the California School Employees Assn. filed the lawsuit last month in Orange County Superior Court on behalf of its classified, or non-teaching employees, such as bus drivers and secretaries. CSEA has filed similar lawsuits against districts across the state.

In San Mateo County, a lawsuit against that county’s Department of Education was decided in favor of the defendant, according to Chief Deputy County Counsel Lee Port.

Port said Bush’s former secretary sent a letter to the county, saying the President had said he did not intend to declare a national holiday.

CSEA has filed an appeal.

In another case, an out-of-court settlement was reached in the San Leandro School District, with the district agreeing to pay overtime to classified employees who worked the disputed days or provide compensatory time off.

The days of thanksgiving declared by Bush fell on a Friday, Saturday and Sunday. The Education Code requires that holidays falling on a Sunday shall be moved to the following Monday. The union is seeking two days of overtime pay, plus interest.

According to Placentia-Yorba Linda Unified officials, Bush did not take the necessary steps to create national holidays, such as signing an executive order.

“The district (takes the position) that it was not a school holiday,” said Kim Stallings, assistant superintendent for administrative services. “School was in session and everyone worked.”

Stallings said the cost of the overtime pay and interest would be $197,000.