Soc. Servs. Local 535 v. Bd. of Supervisors of Santa Barbara Cty.

This appeal from a judgment of dismissal after a demurrer was sustained without leave to amend tests the scope of the “meet and confer” obligation imposed upon public agencies by the Meyers-Milias-Brown Act. (Gov. Code, § 3500 et seq.) Specifically, we are required to determine whether a charge for employee parking supplied by the agency is included within the definition of “wages, hours, and other terms and conditions of employment” so as to require the “meet and confer” process where: (1) agency-supplied parking is available only to “a minority” of employees; (2) employees are not required to utilize agency-supplied parking but may reasonably use methods other than automobile transportation or other available parking; and (3) the agency action involves raising the monthly parking fee from $2.50 to $4 in some cases, and from $3.50 to $4 in others.

Finding no California precedent in point, we turn to cases interpreting the National Labor Relations Act which the Meyers-Milias-Brown Act parallels. (Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608, 615-617 [ 116 Cal.Rptr. 507 , 526 P.2d 971 ].) We note a disagreement between decisions of the National Labor…