82 Cal.App.2d 844, 13442, Scannell v. Murphy

Docket Nº:13442
Citation:82 Cal.App.2d 844, 187 P.2d 790
Party Name:Scannell v. Murphy
Case Date:December 12, 1947
Court:California Court of Appeals
 
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Page 844

82 Cal.App.2d 844

187 P.2d 790

DANIEL SCANNELL et al., Respondents,

v.

DANIEL C. MURPHY, Appellant.

Civ. No. 13442.

California Court of Appeal, First District, First Division

Dec. 12, 1947

Page 845

COUNSEL

John J. O'Toole, City Attorney, Geo. A. Helmer and Edward I. Fitzpatrick, Deputy City Attorneys, and Raymond D. Williamson for Appellant. Charles P. Scully for Respondents

OPINION

[187 P.2d 791] PETERS, P. J.

The respondents on this appeal are within the civil service classifications of jailer, captain of the watch, jail matron and operating engineer, and all worked during the fiscal year 1944-1945 in the department of the appellant, the Sheriff of San Francisco, in the city and county jails on a rotating three shift basis, 8 a. m. to 4 p. m.; 4 p. m. to midnight; and midnight to 8 a. m. It is admitted that during the fiscal year in question all of the petitioners worked some time on the two night shifts and some time on the day shift. The respondents claim, and the trial court found that, although the sheriff has certified that these respondents worked on eight- hour shifts, for six days a week, he has refused to certify that part of this period was worked on the night shifts. This becomes important because, under the salary ordinance then in effect, employees on a monthly salary were entitled to overtime for over 40 hours work on a day shift and for over 37 1/2 [187 P.2d 792] hours work on a night shift. Admittedly, the sheriff has certified that these employees were on eight-hour shifts for six days a week, and the employees have accordingly been paid overtime at the day rate overtime basis for 48 hours work, which is 20 per cent in excess of regular salary. The excess overtime pay fixed by the ordinance for night shift overtime pay for a 48-hour work week is 27 1/2 per cent of normal salary. Respondents contend that during the period they worked night shifts they were entitled to this excess of 7 1/2 per cent. The trial court, by peremptory writ of mandate, has directed the sheriff to "prepare, approve, sign, and transmit to the Civil Service Commission of the City and County of San Francisco, State of California, timerolls or payrolls for each month included in the fiscal year commencing July 1, 1944, and ending June 30, 1945, ... showing that said work of each said petitioner was for 8 hours per day for 6 days per week on night shifts." From this judgment the sheriff appeals.

Page 846

It should be mentioned that the Civil Service Commission, the city, and the controller were originally made parties to this proceeding, but their demurrers were sustained, apparently on the theory that they were under no duty to act until the head of the department certified the payrolls.

The pertinent statutory provisions are as follows: Section 2.2(c) of the 1944-1945 salary ordinance provided: "Night Shifts: Seven and one-half hours per day and five days per week shall constitute the normal work day and week for calculating the compensations for employees whose compensations are fixed herein on a monthly basis and who work on night shifts. A night shift is any full time shift which commences after 2 p. m. and prior to 6 a. m."

Section 2.3(b) provided: "Pursuant to the provisions of Section 4, Subdivision (f) of the Salary Standardization ordinance department heads may require occupants of the following specified positions the salaries for which are based on a monthly basis to work in excess of the five days and 40 hours for day shifts and five days of 7 1/2 hours for night shifts for the number of hours hereinafter specified. Employees required to work...

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