Stationary Engineers, Local 39 v. San Juan Suburban Water District

*799 Opinion

Plaintiffs appeal from a judgment, after trial by the court, denying relief sought in their combined petition for writ of mandate and complaint for injunction and damages.

Defendant San Juan Suburban Water District (district), is a community services district organized and existing under title 6, division 2, of the Government Code of the State of California. The individually named respondents are members of the defendant district board of directors (board), except for John P. Van Vleck who was secretary and office manager of the district at all relevant times.

Plaintiffs Stationary Engineers, Local 39, International Union of Operating Engineers, AFL-CIO (union), is an employee organization within the meaning of Government Code section 3500 et seq. and represents the individuals named as individual plaintiffs.

On February 25, 1975, the union notified the district that it had been authorized pursuant to regular procedures to be the exclusive bargaining agent on all matters relating to employment of the employees in the maintenance and operation unit of the defendant district. The district informally recognized the union as bargaining agent for purposes of “meeting…

I concur in the result. The reasoning of the majority on the issues of appellate review and appropriate available remedies to an aggrieved public employee are sufficiently bothersome that I set forth my disagreement.

1. Appellate Review

Generally, an appellate court will not disturb the findings of the trial court. I have examined the record looking at the evidence in the light most favorable to the court’s findings, giving the prevailing party the benefit of eveiy reasonable inference, and resolving conflicts in support of the judgment. I have concluded the findings and conclusions are supported by substantial evidence. (Crawford v. Southern Pacific Co. (1935) 3 Cal.2d 427, 429 [ 45 P.2d 183 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) § 245, pp. 4236-4237.) The appellate court has no power to judge the effects or value of evidence presented at trial, to weigh the evidence, to consider the credibility of the witnesses, 1 or to resolve conflicts in the *805 evidence. (Buckhantz v. R. G. Hamilton & Co. (1945) 71 Cal.App.2d 777 [ 163 P.2d 756 ]; 6 Witkin, Cal. Procedure, supra, at pp. 4237-4238.) The trial court, not the appellate tribunal, must decide what, if anything, testified to…

Plaintiffs appeal from a judgment, after trial by the court, denying relief sought in their combined petition for writ of mandate and complaint for injunction and damages.

Defendant San Juan Suburban Water District (district), is a community services district organized and existing under title 6, division 2, of the Government Code of the State of California. The individually named respondents are members of the defendant district board of directors (board), except for John P. Van Vleck who was secretary and office manager of the district at all relevant times.

Plaintiffs Stationary Engineers, Local 39, International Union of Operating Engineers, AFL-CIO (union), is an employee organization within the meaning of Government Code section 3500 et seq. and represents the individuals named as individual plaintiffs.

On February 25, 1975, the union notified the district that it had been authorized pursuant to regular procedures to be the exclusive bargaining agent on all matters relating to employment of the employees in the maintenance and operation unit of the defendant district. The district informally recognized the union as bargaining agent for purposes of…