Dublin Professional Fire Fighters, Local 1 v. Valley Community Services Dist., AFL-CI

CourtCalifornia Court of Appeals
Writing for the CourtCHRISTIAN
Citation119 Cal.Rptr. 182,45 Cal.App.3d 116
Parties, 89 L.R.R.M. (BNA) 2139, 76 Lab.Cas. P 53,613 DUBLIN PROFESSIONAL FIRE FIGHTERS LOCAL 1885,laintiff and Respondent, v. VALLEY COMMUNITY SERVICES DISTRICT et al., Defendants and Appellants. Civ. 35137.
Decision Date06 February 1975
Docket NumberAFL-CI,P

Page 182

119 Cal.Rptr. 182
45 Cal.App.3d 116, 89 L.R.R.M. (BNA) 2139,
76 Lab.Cas. P 53,613
DUBLIN PROFESSIONAL FIRE FIGHTERS LOCAL 1885, AFL-CIO, Plaintiff and Respondent,
v.
VALLEY COMMUNITY SERVICES DISTRICT et al., Defendants and Appellants.
Civ. 35137.
Court of Appeal, First District, Division 4, California.
Feb. 6, 1975.

[45 Cal.App.3d 117] Byron D. Athan, in pro per.

Davis, Cowell & Bowe, John H. Cohenour, San Francisco, for plaintiff and respondent.

[45 Cal.App.3d 118] CHRISTIAN, Associate Justice.

Dublin Professional Fire Fighters Local 1885 brought this action against Valley Community Services District and its officers to compel the district to 'meet and confer' with the union concerning the assignment of overtime work. The district's appeal is from a judgment granting a writ of mandamus.

Prior to June 1973, the district usually assigned overtime work to its regular employees. On May 15, 1973, however, a new policy was adopted, requiring use of temporary employees for overtime work. The union thereafter requested a conference with the district to discuss the new rule. The trial court found that the district had refused to meet and confer in good faith with employee representatives.

The requirement that a public agency meet and confer with recognized organizations of its employees is expressed in Government Code section 3505. In pertinent part, the statute provides that representatives of the public agency and of the employee organization shall 'meet and confer promptly upon request by either party and . . . endeavor to reach agreement on matters within the scope of representation

Page 183

prior to the adoption by the public agency of its final budget for the ensuing year. . . .' The district contends that the statutory reference to the adoption of a budget implies that a request to meet and confer is ineffective if it is not made prior to the adoption of a budget. It is pointed out by the district that a budget for the 1973--1974 fiscal year was adopted on May 15, 1973, while the union did not ask for a conference until August 28. The construction proposed by the district is not correct; the obligation, in proper cases, to 'meet and confer promptly upon request' is absolute, while the statutory admonition to 'reach agreement' before the adoption of the budget is only hortatory. Agreement may not be reached at all, as the statute recognizes in stating that the negotiators should 'endeavor' to reach agreement before the budget...

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21 practice notes
  • Building Material & Construction Teamsters' Union v. Farrell, S.F. 24915
    • United States
    • United States State Supreme Court (California)
    • April 3, 1986
    ...N.L.R.B. (D.C.Cir.1982) 676 F.2d 826, 833-834; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal.App.3d 116, 119, 119 Cal.Rptr. 182.) Courts have found violations of the duty to bargain, for example, when an employer has transferred bargaining-un......
  • Rialto Police Benefit Ass'n. v. Rialto, No. E039649.
    • United States
    • California Court of Appeals
    • October 3, 2007
    ...not merely its effects on the employees"]; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal. App.3d 116, 119, 119 Cal.Rptr. 182 (Dublin Professional Fire Fighters) [recognizing that the transfer of bargaining unit work to nonbargaining unit empl......
  • San Francisco Fire Fighters v. Board of Supervisors, AFL-CI
    • United States
    • California Court of Appeals
    • August 30, 1979
    ...54 Cal.App.3d 215, 227, 126 Cal.Rptr. 515; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist., 45 Cal.App.3d 116, 118-119, 119 Cal.Rptr. 182; San Juan Teachers Assn. v. San Juan Unified Sch. Dist., 44 Cal.App.3d 232, 252, fn. 13, 118 Cal.Rptr. 662; East Bay Mun......
  • Claremont Police v. City of Claremont, No. S120546.
    • United States
    • United States State Supreme Court (California)
    • August 14, 2006
    ...at p. 659, 224 Cal.Rptr. 688, 715 P.2d 648; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal.App.3d 116, 119, 119 Cal.Rptr. 182); mandatory drug testing of employees (Holliday v. City of Modesto (1991) 229 Cal.App.3d 528, 530, 280 Cal.Rptr. 206 ......
  • Request a trial to view additional results
21 cases
  • Building Material & Construction Teamsters' Union v. Farrell, S.F. 24915
    • United States
    • United States State Supreme Court (California)
    • April 3, 1986
    ...N.L.R.B. (D.C.Cir.1982) 676 F.2d 826, 833-834; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal.App.3d 116, 119, 119 Cal.Rptr. 182.) Courts have found violations of the duty to bargain, for example, when an employer has transferred bargaining-un......
  • Rialto Police Benefit Ass'n. v. Rialto, No. E039649.
    • United States
    • California Court of Appeals
    • October 3, 2007
    ...not merely its effects on the employees"]; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal. App.3d 116, 119, 119 Cal.Rptr. 182 (Dublin Professional Fire Fighters) [recognizing that the transfer of bargaining unit work to nonbargaining unit empl......
  • San Francisco Fire Fighters v. Board of Supervisors, AFL-CI
    • United States
    • California Court of Appeals
    • August 30, 1979
    ...54 Cal.App.3d 215, 227, 126 Cal.Rptr. 515; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist., 45 Cal.App.3d 116, 118-119, 119 Cal.Rptr. 182; San Juan Teachers Assn. v. San Juan Unified Sch. Dist., 44 Cal.App.3d 232, 252, fn. 13, 118 Cal.Rptr. 662; East Bay Mun......
  • Claremont Police v. City of Claremont, No. S120546.
    • United States
    • United States State Supreme Court (California)
    • August 14, 2006
    ...at p. 659, 224 Cal.Rptr. 688, 715 P.2d 648; Dublin Professional Fire Fighters, Local 1885 v. Valley Community Services Dist. (1975) 45 Cal.App.3d 116, 119, 119 Cal.Rptr. 182); mandatory drug testing of employees (Holliday v. City of Modesto (1991) 229 Cal.App.3d 528, 530, 280 Cal.Rptr. 206 ......
  • Request a trial to view additional results

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