Hard

Plaintiffs Jim Hard and Cathy Hackett are members and directors of defendant California State Employees Association (CSEA) and the representatives of a class of employee members known as the Civil Service Division (the Division). They petitioned the trial court for a writ of traditional mandamus directing the CSEA to give effect to a vote of the Division approving the incorporation of the Division as an affiliate. The trial court granted the petition. In August 2001, we granted the CSEA’s petition for a stay preventing the Division either from conducting business or representing its members as a corporation.

On appeal, the CSEA argues the election violated provisions of the Government Code that give the Public Employment Relations Board (PERB) exclusive or primary jurisdiction over questions involving the representation of state employees in labor matters. CSEA also contends the election violated election procedures that the CSEA’s board of directors enacted, or provisions of the Corporations Code. Finding neither of these claims persuasive, we shall affirm. The stay, having served its purpose, will be vacated.

The pertinent facts are few and undisputed. We therefore…