City of Hayward v. United Public Employees, AFL-CIO

CourtCalifornia Court of Appeals
Writing for the CourtCHRISTIAN; CALDECOTT, P.J., and EMERSON
Citation54 Cal.App.3d 761,126 Cal.Rptr. 710
Parties, 91 L.R.R.M. (BNA) 2898, 78 Lab.Cas. P 53,803 CITY OF HAYWARD, etc., et al., Plaintiffs and Appellants, v. UNITED PUBLIC EMPLOYEES, LOCAL 390, OF the SERVICE EMPLOYEES INTERNATIONAL UNION,, an Unincorporated Association, Defendant and Respondent. Civ. 36690.
Decision Date23 January 1976
Docket NumberAFL-CIO

Page 710

126 Cal.Rptr. 710
54 Cal.App.3d 761, 91 L.R.R.M. (BNA) 2898,
78 Lab.Cas. P 53,803
CITY OF HAYWARD, etc., et al., Plaintiffs and Appellants,
v.
UNITED PUBLIC EMPLOYEES, LOCAL 390, OF the SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, an Unincorporated Association, Defendant and Respondent.
Civ. 36690.
Court of Appeal, First District, Division 4, California.
Jan. 23, 1976.
Hearing Denied April 15, 1976.

[54 Cal.App.3d 762]

Page 711

John W. Scanlon, City Atty., Myron A. Johnson, Asst. City Atty., Hayward, for appellants City of Hayward and William C. Hanley.

[54 Cal.App.3d 763] Van Bourg, Allen, Weinberg, Williams & Roger by David A. Rosenfeld, San Francisco, for respondent.

Raymond L. LaJeunesse, Jr., James Newton Wilhoit, III, National Right to Work Legal Defense Foundation, Fairfax, Va., Maureen McClain, Littler, Mendelson & Fastiff, San Francisco, for amicus curiae.

CHRISTIAN, Associate Justice.

The City of Hayward and its city manager appeal from a judgment declaring that an 'agency shop' agreement between the City and respondent United Public Employees, Local 390, is lawful.

Respondent (hereinafter 'the Union') is a labor organization affiliated with the Service Employees International Union, AFL-CIO; certain employees of the City are members of the Union. On July 11, 1972, the Union and the City entered into a 'Memorandum of Understanding,' whereby the City recognized the Union as representing a majority of the employees in the City's Maintenance and Operations Unit. The agreement covered wages, hours, and other terms and conditions of employment, about which there is no controversy. A dispute arose, however, over the validity of section 1.02 of the agreement, which provides that, although employees are not to be required to join the Union, all employees in the Maintenance and Operations Unit, including nonmembers of the Union,

'shall, as a condition of continued employment, pay to the union an amount of money equal to that paid by other employees in the appropriate unit who are members of the union, which shall be limited to an amount of money equal to the union's usual and customary initiation and monthly dues.'

Except as may be authorized by statute, public employees have no right to bargain collectively with the employing agency. (Sacramento County Employees Organization, Local 22 etc. Union v. County of Sacramento (1972) 28 Cal.App.3d 424, 429, 104 Cal.Rptr. 619; City of San Diego v. American Federation of State etc. Employees (1970) 8 Cal.App.3d 308, 310, 87 Cal.Rptr. 258.) In 1960, California became one of the first states to create a right on the part of government employees to organize and to confer with management as to the terms and conditions of their employment. 1 Another enactment, the Meyers-Milias-Brown Act (Gov.Code, §§ 3500--3510 (hereinafter 'MMBA')) has created certain additional rights of organization in employees of municipalities and local [54 Cal.App.3d 764] agencies, and authorized representatives of labor and management to enter into written agreements for presentation to the governing body. (Gov.Code, §§ 3505--3505.1.) 2

Page 712

The memorandum of understanding entered into by the parties was negotiated by means of procedures which conform to the MMBA. The sole question presented is whether the MMBA permits the creation of an agency shop in an agency of local government. An agency shop agreement is to be distinguished from a union shop agreement, which conditions the continuance of an employee's job on union membership; a union shop is prohibited by statute in public employment. (§ 3502.) In an agency shop, union membership is not a condition of employment, but all employees, including those who do not choose to join the union, must pay union dues. The MMBA does not explicitly refer to agency shop agreements; no reported decision has previously addressed the issue of the legality of this type of agreement.

Section 3502 provides: 'Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations And shall have the right to represent themselves individually in their employment relations with the public agency.' (Emphasis added.)

Section 3506 prohibits both public agencies and employee organizations from interfering with, intimidating, restraining, coercing or discriminating against public employees 'because of their exercise of their rights under Section 3502.' The freedom of choice provisions of each of these sections must be construed as prohibiting the extraction of union dues, or their equivalent, as a condition of continued employment. Otherwise the statutory right of employees to represent themselves would be defeated.

The trial judge did not address either of these sections; instead, he found that the agency shop provision was a 'reasonable rule or regulation' adopted pursuant to the authority conferred by section 3507.

Section 3507 provides:

[54 Cal.App.3d 765] 'A public agency may adopt reasonable rules and regulations after consultation in good faith with representatives of an employee organization or organizations for the administration of employer-employee relations under this chapter (commencing with Section 3500).

'Such rules and regulations may include provisions for (a) verifying that an organization does in fact represent employees of the public agency (b) verifying the official status of employee organization officers and representatives (c) recognition of employee organizations (d) exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee...

To continue reading

Request your trial
16 practice notes
  • International Brotherhood of Electrical Workers v. City of Gridley, S.F. 24331
    • United States
    • United States State Supreme Court (California)
    • 1 Agosto 1983
    ...agreement that thwarts the policies or purposes of the act will not be enforced. (See City of Hayward v. United Public Employees (1976) 54 Cal.App.3d 761, 126 Cal.Rptr. 710; J.I. Case Co. v. Labor Board (1944) 321 U.S. 332, 337, 64 S.Ct. 576, 580, 88 L.Ed. 762.) However, under the NLRA, cer......
  • American Federation of State v. Phoenix, No. 1 CA-CV 04-0766.
    • United States
    • Court of Appeals of Arizona
    • 15 Agosto 2006
    ...but compelled union participation or support in the form of "fair share" fees. See City of Hayward v. United Pub. Employees, Local 390, 54 Cal.App.3d 761, 126 Cal.Rptr. 710, 713-14 (1976) ("The forced payment of dues or their equivalent is, at the very least, `participation' in an employee ......
  • Wessel v. City of Albuquerque, No. 01-2155.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 13 Agosto 2002
    ...to union dues violated right-to-work law, but declining to reach issue); City of Hayward v. United Public Employees, Local 390, 54 Cal. App.3d 761, 126 Cal.Rptr. 710, 714 (1976) ("The forced payment of dues or their equivalent is, at the very least, `participation' in an employee organizati......
  • Uriarte v. Bostic, Case No.: 15cv1606-MMA (PCL)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • 25 Mayo 2017
    ...damages as relief for their MMBA claims. See SAC ¶¶ 77-78. Also, Plaintiffs' citation to City of Hayward v. United Public Employees, 54 Cal. App. 3d 761, in which a city sued a union pursuant to the MMBA for declaratory relief, is similarly unpersuasive for the proposition that Plaintiffs m......
  • Request a trial to view additional results
16 cases
  • International Brotherhood of Electrical Workers v. City of Gridley, S.F. 24331
    • United States
    • United States State Supreme Court (California)
    • 1 Agosto 1983
    ...agreement that thwarts the policies or purposes of the act will not be enforced. (See City of Hayward v. United Public Employees (1976) 54 Cal.App.3d 761, 126 Cal.Rptr. 710; J.I. Case Co. v. Labor Board (1944) 321 U.S. 332, 337, 64 S.Ct. 576, 580, 88 L.Ed. 762.) However, under the NLRA, cer......
  • American Federation of State v. Phoenix, No. 1 CA-CV 04-0766.
    • United States
    • Court of Appeals of Arizona
    • 15 Agosto 2006
    ...but compelled union participation or support in the form of "fair share" fees. See City of Hayward v. United Pub. Employees, Local 390, 54 Cal.App.3d 761, 126 Cal.Rptr. 710, 713-14 (1976) ("The forced payment of dues or their equivalent is, at the very least, `participation' in an employee ......
  • Wessel v. City of Albuquerque, No. 01-2155.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 13 Agosto 2002
    ...to union dues violated right-to-work law, but declining to reach issue); City of Hayward v. United Public Employees, Local 390, 54 Cal. App.3d 761, 126 Cal.Rptr. 710, 714 (1976) ("The forced payment of dues or their equivalent is, at the very least, `participation' in an employee organizati......
  • Uriarte v. Bostic, Case No.: 15cv1606-MMA (PCL)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • 25 Mayo 2017
    ...damages as relief for their MMBA claims. See SAC ¶¶ 77-78. Also, Plaintiffs' citation to City of Hayward v. United Public Employees, 54 Cal. App. 3d 761, in which a city sued a union pursuant to the MMBA for declaratory relief, is similarly unpersuasive for the proposition that Plaintiffs m......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT