San Francisco Fire Fighters Local 798 v. Board of Supervisors

This appeal arises from a writ of mandamus (Code Civ. Proc., § 1085) issued against the San Francisco Board of Supervisors and several city departments and department heads (hereafter referred to collectively as the City). The writ directs the City (1) to appoint respondent Thomas M. Stewart to the rank of captain in the San Francisco Fire Department, retroactive to November 13,1989, and (2) to make no change in the City’s long-standing policy of filling all vacancies which occur in the promotional ranks of the fire department from the civil service lists which are in effect at the time the vacancies occur, unless and until respondent San Francisco Fire Fighters Local 798 (Local 798) has been provided with notice and an opportunity to meet and confer over such changes. We reverse.

I

Facts

The dispute in this case was triggered by a seemingly innocuous San Francisco ordinance which provides that members of the fire department are entitled to a lump sum payment for unused sick leave upon retirement. The same ordinance mandates that the retiree’s position remain vacant for a period sufficient to permit the City to recoup the amount which was paid to the retiree for…