International Ass'n of Fire Fighters Union v. City of Pleasanton

Good Law
129 Cal. Rptr. 68·1976 Cal. App. LEXIS 1420·56 Cal. App. 3d 959·92 L.R.R.M. (BNA) 2399
Court of Appeal of CaliforniaApril 2, 1976Civ. 36270California6,290 words

Opinion

Opinion

Rattigan, J.

International Association of Fire Fighters Union Local 1974, AFL-CIO, a labor union (hereinafter “appellant union,” or “union”) appeals from a judgment entered in its action against respondents (the City of Pleasanton, its city manager, and the members of its city council). The appeal challenges the judgment insofar as it reflects the trial court’s determination that legislative action taken by the city council, affecting city personnel represented by the union, is valid despite the city’s previous failure to have complied with certain provisions of the Meyers-Milias-Brown Act (hereinafter the “M-M-B Act,” or the “Act”).

Facts

The issues in the cause were joined upon the union’s complaint, respondents’ answer, and extensive declarations filed by both sides. By stipulation, it was submitted for decision upon these documents and other evidence, both oral and documentary, received at a hearing upon the union’s application for a preliminary injunction. That evidence supports the following summary:

At all pertinent times since 1970, the union has been the “recognized employee organization” representing all of the city’s fire service employees, except for the fire chief,…

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