Wilson

I dissent.Although I am not entirely convinced of the validity of the majority’s treatment of plaintiffs ’ first contention, it seems unnecessary to discuss at length my reasons therefor, since I am convinced that the second contention made by plaintiffs compels a reversal.

“The rule that the courts will not consider a case in the absence of a justiciable, actual, or bona fide controversy ... is subject to the exception in eases wherein the question involved is of great public interest. Then the rule requiring the existence of a justiciable controversy is not followed, or is relaxed. It seems that the courts have assumed that they possess inherent power to give a declaratory judgment as to matters of public concern.” (1 Anderson, Actions for Declaratory Judgments, § 63, p. 126.)

It appears to me that the factual situation set forth in plaintiffs’ complaint, which by their demurrer defendants admit, brings this case squarely within the exception to the general rule. The majority, however, holds that even under what it considers to be the most liberal interpretation of “justiciability,” nevertheless even when applied to matters of public interest there must be presented something…

Appeal is taken by plaintiffs from a judgment in favor of defendants after the entry of an order sustaining defendants’ demurrer without leave to amend.

Plaintiffs, Wilson and DuBois, are the President and Secretary, respectively, of Local Division No. 256, Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, a labor union. Defendant, Transit Authority of the City of Sacramento, was created by charter of said city for the purpose of acquiring and operating a public transportation system. The members of Local No. 256 are the employees of the defendants with relation to the buses owned and operated by said defendants. By specific charter provision, plaintiffs are not constituted members of the civil service system of the City of Sacramento. Appellant local purports to be, and is, recognized by defendants, as the sole and exclusive bargaining agent of all members of the local. Since the year 1955 the hours, wages and working conditions of plaintiffs have been determined by an agreement entered into on a yearly basis by and between said Local Division and defendant Transit Authority. In the agreement dated November 14, 1955, thus negotiated and…

Appeal is taken by plaintiffs from a judgment in favor of defendants after the entry of an order sustaining defendants' demurrer without leave to amend.

Plaintiffs, Wilson and DuBois, are the President and Secretary, respectively, of Local Division No. 256, Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, a labor union. Defendant, Transit Authority of the City of Sacramento, was created by charter of said city for the purpose of acquiring and operating a public transportation system. The members of Local No. 256 are the employees of the defendants with relation to the buses owned and operated by said defendants. By specific charter provision, plaintiffs are not constituted members of the civil service system of the City of Sacramento. Appellant local purports to be, and is, recognized by defendants, as the sole and exclusive bargaining agent of all members of the local. Since the year 1955 the hours, wages and working conditions of plaintiffs have been determined by an agreement entered into on a yearly basis by and between said Local Division and defendant Transit Authority. In the agreement dated November 14,…