Stationary Engineers Local 39 v. County of Sacramento

Petitioner Stationary Engineers Local 39 (the Union) appeals from a judgment entered following denial of a petition for writ of mandate.

The Union sought to compel the County of Sacramento (County) and the Sacramento County Civil Service Commission (Commission) to discontinue the practice of awarding five “preference points” to County employees whose scores on open examinations did not initially place them in the top three ranks of those taking the tests. The petition also sought monetary damages for lost wages and benefits due Daniel Ohler, a Union member and County employee, who ranked first in initial scoring on an open examination, but was passed over in the initial selection process and was promoted later than several lower scoring employees who were made eligible by the award of preference points.

The Union contends the Commission policy, which permits the award of preference points in the manner described above, violates the Sacramento County Charter in that it discriminates against permanent County employees who are similarly situated.

The County responds that: 1) the rule is not inconsistent with the county charter; 2) the petition is moot, since Ohler…