Conference of Referees v. State Personnel Board

— Plaintiffs, civil service employees of the State of California, sought declaratory relief and a writ of mandate directing the defendant State Personnel Board (“board”) to proceed to adjust plaintiffs’ salaries in accordance with the plaintiffs’ interpretation of section 123 of the Labor Code.

Section 123 of the Labor Code reads, in pertinent part: “The salaries of the referees shall be fixed by the State Personnel Board for a class of positions which perform judicial functions.”

In their complaint, plaintiffs contended that the quoted language of section 123 requires the board to fix the salaries of Industrial Accident Commission (“I.A.C.”) referees at a .level equal to that of municipal or superior court judges.

In their opening brief filed with this court plaintiffs contend that section 123 requires that the board, in setting plaintiffs’ salaries, compare their duties only with those of other positions performing true (as opposed to “quasi”) judicial functions. Plaintiffs assert this requires that they be paid a salary comparable to that paid municipal and superior court judges, I.A.C. commissioners and commissioners of the Public Utilities Commission.

The crucial issue…