Adams v. City & County of San Francisco

• Decision Date: 10 November 1949
• Citation: 94 Cal.App.2d 586,211 P.2d 368
• Court: California Court of Appeals Court of Appeals
• Parties: ADAMS et al. v. CITY & COUNTY OF SAN FRANCISCO et al. Civ. 14168.

Page 368

211 P.2d 368

94 Cal.App.2d 586

ADAMS et al. v. CITY & COUNTY OF SAN FRANCISCO et al.

Civ. 14168.

District Court of Appeal, First District, Division 1, California.

Nov. 10, 1949.

Rehearing Denied Dec. 10, 1949.

See 212 P.2d 272.

Dion R. Holm, City Attorney, William F. Bourne, Deputy City Attorney, San Francisco, for appellants.

Milton Marks, San Francisco, for respondents.

WARD, Justice.

This is an appeal by the defendants City and County of San Francisco and the members and secretary of the City and County Civil Service Commission from a judgment entered in favor of approximately 140 civil service machinist employees of the city and county, in which it was decreed by the trial court that plaintiffs should receive and defendants should grant to all of such employees who have had one year's service a vacation of two calendar weeks annually with pay 'as long as Section 151 of the Charter of said City and County or any other section of the Charter provides for a vacation of two calendar weeks annually with pay after one year's service irrespective of the provisions of any contract or contracts entered into by and between Automotive Machinists Lodge 1305, International Association of Machinists, and private employers with respect to the subject matter of vacations.' It was also declared and decreed that irrespective of such contract or contracts the city and county should grant, allow and pay to plaintiffs 'sick leave and disability leave.' The above orders were made upon the theory that the allowance is 'permitted, directed and guaranteed by the Charter of said City and County; that the provisions of Section 151 of the said Charter, with respect to vacations, and of Section 153 of the said Charter, with respect to sick leave and disability leave, apply to the petitioners and plaintiffs and to all other persons similarly situated; that the provisions of Part I, Sections 375 to 380 of the Municipal Code of the City and County of San Francisco, with respect to vacations, and Section 301, concerning sick leave and disability leave, and the provisions of Rule 30 and 32 of the respondents Civil Service Commission apply to the petitioners and plaintiffs and to all other persons similarly situated; that the provisions of Section 151.3 of the Charter of the City and County of San Francisco relates to and provides for the rate of pay of employees of the City and County of San Francisco and do not apply to, nor do they relate to, the allowance or payment of vacations, sick leave or disability leave.' Mention of any question of fact on this appeal is merely incidental to the determination of the question of law, namely: do charter sections 151 and 153, or section 151.3, St.1943, p. 3128, St.1947, pp. 3279, 3266, or other sections determine, as to the employees here involved, the classification of pay for vacations and sick and disability leaves? The subject of vacations may be considered before that of sick and disability leaves.

It is necessary to refer to and quote portions of section 151 of the charter entitled 'Civil Service' under the subtitle 'Standardization of Compensation' which provides that 'The board of supervisors shall have power and it shall be its duty to fix by ordinance from time to time, as in this section provided, all salaries, wages and compensations of every kind and nature, except pension or retirement allowances, for the positions, or places of employment, of all officers and employees of all departments, offices, boards and commissions of the city and county in all cases where such compensations are paid by the city and county.' (Italics added.) Certain positions are specified that 'shall not be subject to the provisions of this section' which are not involved in the questions presented on this appeal,--for example, 'teaching and other technical forces of the school department' and others specifically designated. Section 151 provides that the civil service commission shall prepare and submit to the board of supervisors a schedule of compensations and classifications for adoption by the board, which also 'shall adopt amendments to the schedule' from time to time. The section further provides that 'The proposed schedules of compensation or any amendments thereto shall be recommended by the civil service commission solely on the basis of facts and data obtained in a comprehensive investigation and survey concerning wages paid in private employment for like service and working conditions or in other governmental organizations in this state'; that 'The commission shall * * * recommend a rate of pay for each such classification in accordance therewith'; and that 'Where compensations for services commonly paid on an hourly or a per diem basis are established on a weekly, semi-monthly or monthly salary basis for city and county service, such salary shall be based on the prevailing hourly or per diem rate, where this can be established, and the application thereto of the normal or average hours or days of actual working time, in the city and county service, including an allowance for annual vacation. Every person employed in the city and county service shall, after one year's service, by allowed a vacation with pay of two calendar weeks, annually, as long as he continues in his employment.' (Italics added.) With respect to San Francisco Charter section 151 it has been held that it is necessary there shall be a substantial compliance with a charter provision determining rates of pay for municipal employees but the rates of pay need not be identical with those fixed in private employment agreements. City and County of San Francisco v. Boyd, 22 Cal.2d 685, 140 P.2d 666.

It is admitted that the civil service commission in the adoption of rule 30 permitted a vacation of two calendar weeks and that the amount of compensation allowed would be the amount the employee would earn during his vacation period, if working at his current rate of pay. The board of supervisors approved the rule. This was in accord with charter section 151.

A proposed charter amendment was submitted to the electorate which was adopted in 1945, approved in 1946 by the Legislature, and amended as to procedure in 1947. The new section is designated section 151.3 and provides in part: 'Notwithstanding any of the provisions of section 151 or any other provisions of this charter, whenever any groups or crafts establish a rate of pay for such groups or crafts through collective bargaining agreements with employers employing such groups or crafts, and such rate is recognized and paid throughout the industry and the establishments employing such groups or crafts in San Francisco, and the civil service commission shall certify that such rate is generally prevailing for such groups or crafts in private employment in San Francisco pursuant to collective bargaining agreements, the board of supervisors shall have the power and it shall be its duty to fix such rate of pay as compensations for such groups and crafts engaged in the city and county service.' (Italics added.)

Defendants assert, without contradiction, the existence of the following facts: '1. that during all of the times mentioned in the petition and complaint petitioners and plaintiffs were automotive mechanics, automotive machinists and automotive body and fender workers in the civil service employ of the City and County of San Francisco; and, as members of Lodge 1305, Automotive Machinists, were within the 'groups and crafts' provisions of the Charter Section 151.3; 2. that during all of the times mentioned in the petition and complaint the collective bargaining agreement in force and effect throughout the industry and in San Francisco in establishments employing automotive mechanics, automotive machinists and automotive body and fender workers has provided for only five working days of paid vacation to employees with only one year of service in such employment; that under such same collective bargaining agreement employees in those groups and crafts are entitled to ten working days of paid vacation only after the completion of three years of service in such employment; * * *'

In a previous case involving holiday and overtime pay the quoted portion of section 151.3 was held constitutional. Cal.Const., art. XI, §§ 8, 8- 1/2 and 13. In Adams v. Wolff, 84 Cal.App.2d 435, 190 P.2d 665, 670, it was stated: 'The charter of a city is comparable to the Constitution of the state and governed by the same principles. [84 Cal.App.2d at page 441, 190 P.2d at page 671], * * * Section 151.3 does not purport to give the public employees the right to bargain collectively, or otherwise. By that section the people have set up a standard for determining rates of pay that will insure these public employees a wage scale commensurate with wages received by workers in the same field in private industry. It is quite apparent that the 'collective bargaining' aspect of § 151.3 is subordinate and incidental to the 'rate of wage' aspect, and that the 'collective bargaining' aspect does not apply to the public employees. It is clear that the fixing of salaries of municipal employees is a matter of municipal and not general concern. [84 Cal.App.2d at page 443, 190 P.2d at page 670.]'

In addition to the constitutional questions, two special questions presented in Adams v. Wolff, supra, related to 'holiday pay and premium pay on the night shifts.' It was declared in that case 84 Cla.App.2d at pages 444-445, 190 P.2d at pages 671-672. 'Section 151.3 requires the 'rate of pay' to be fixed in the manner there set forth. It is contended that this relates only to the 'basic' rate of pay, and that holiday and premium pay on night shifts does not relate to the 'basic' rate of pay but relates to 'working conditions,' and it is urged that the fixing of working conditions is beyond the scope of § 151.3. It is probably true that § 151.3 relates only to the 'basic' rate of pay and does not relate to ...