Fry

Fry v. Pekarovich

Good Law
120 Cal. Rptr. 55·1975 Cal. App. LEXIS 1762·46 Cal. App. 3d 165
Court of Appeal of CaliforniaMarch 18, 1975Civ. 44260California2,185 words

Opinion

Opinion

McCOURTNEY, J.

This appeal is taken from a judgment granting a writ of mandate ordering appellant McCarns, as secretary of All City Employees Association, to include, among the signatures on a petition to be verified by her, those of general members as well as represented members of the appellant All City Employees Association (hereinafter referred to as ACEA).

The ACEA is a nonprofit corporation which offers membership to employees of the City of Los Angeles. A joint council of that body with the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) was formed in October 1971, for the purpose of representing employees of the city in accordance with the appropriate ordinance. Thereafter the joint council proceeded to file petitions seeking certification as the recognized employee organization and bargained for the members of the ACEA in classifications of employees that had selected the joint council to represent them. At the time this writ was argued in the trial court there were 2,104 members represented by AFSCME, (denominated by the by-laws as represented members) and 9,223 members not represented (general members).

Respondent herein, a general member,…

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