California Public Employee Relations (CPER) Papers

CPER Selected Publications

 

The Winton Act: A History Lesson About Special Interest Legislation

Stewart Weinberg Esq., Weinberg, Roger & Rosenfeld

Article comments

This article appeared in California Public Employee Relations (CPER) Journal, No. 177 (April 2006). For more information about the CPER Program, go to http://cper. berkeley.edu/.

Abstract

Labor relations practitioners who began their careers after January 1, 1976, could, with some justification, simply accept the Educational Employment Relations Act1 as a fact of life which, like Aphrodite, simply appeared out of the foam of the ocean.2 It is the law, why worry about what preceded it? Because there is much truth to the saying that a people who forget the lessons of history are doomed to repeat its mistakes. One of history’s mistakes was the Winton Act.3 Contrary to the statement in a 1969 California Court of Appeal decision that “[I]t cannot be assumed that the Legislature in enacting the Winton Act had as its ulterior and improper motive the perpetuation in power of a monopoly organization,”4 the Winton Act actually was designed for the purpose of shielding the dominant California Teachers Association from the aggressive competition of affiliates of the California Federation of Teachers.

Subject Area

Employment Practice

Recommended Citation

Stewart Weinberg Esq., "The Winton Act: A History Lesson About Special Interest Legislation" (April 2006). California Public Employee Relations (CPER) Papers. CPER Selected Publications. Working Paper 18.
http://law.bepress.com/cperselect/papers/art18

No readers' reactions have been posted for this article. To submit one, copy the URL for this article (http://law.bepress.com/cperselect/papers/art18) and click here.