United Ass'n of Journeymen v. City & County of San Francisco

The City and County of San Francisco (hereinafter the City) appeals an order issuing a writ of mandate compelling the City to pay certain of its employees the difference between the salary they received in the fiscal year 1991-1992, and the salary they would have received pursuant to the 1991-1992 salary standardization ordinance, had it not been vetoed by the Mayor. The trial court found that the Board had a mandatory duty to pass the ordinance and override the Mayor’s veto.

The City’s appeal raises an issue of first impression: does the Board have the discretion to defer revision of existing wage rates by not passing a salary standardization ordinance, despite the fact that the Commission has conducted a survey of prevailing wages and submitted proposed schedules of compensation recommending increases in existing rates?

We shall conclude that the court erred in granting the union’s petition for a writ of mandate. The court’s construction of the Charter of the City and County of San Francisco (charter) as requiring the Board to pass a salary standardization ordinance and override the Mayor’s veto is inconsistent with provisions of the charter giving the Board the…