Gai

Gai v. City Council

Good Law
133 Cal. Rptr. 753·1976 Cal. App. LEXIS 2020·63 Cal. App. 3d 381
Court of Appeal of CaliforniaNovember 4, 1976Civ. 2689California2,778 words

Opinion

Opinion

Franson, J.

Statement of the Case

On May 14, 1974, appellants, pipefitters and refrigeration fitters employed by the City of Fresno, filed a petition for writ of mandamus "to compel the Fresno City Council to adopt a salary resolution amendment which would give them a 50-cent per hour wage increase retroactive to July 1, 1973, and would result in appellants receiving a rate of pay not less than the prevailing wage rate in private employment within the City of Fresno as required by section 809 of the city charter. Appellants sought payment of the wage increase retroactively with interest.

Respondent answered the petition alleging that the rate of pay certified by the civil service board on August 8, 1973, for pipefitters and refrigeration fitters for the fiscal year 1973-1974, was $8.23 per hour which did not include the 50-cent per hour pay increase; that under the provisions of section 809 of the city charter, respondent was required to fix the rate of pay certified by the civil service board as compensation for persons engaged in city employment as of July 1 of each year; and that respondent duly adopted for appellants the $8.23 per hour wage rate on August 16, 1973.

The trial…

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