Service Employees International Union, Local 620 v. City of Santa Barbara
Opinion
Opinion
Gilbert, J.
An agency shop is created by election. Here we hold that Government Code section 3502.5, subdivision (b) allows one election to rescind the agency shop during the term of the memorandum of understanding (MOU).
Appellant, Service Employees International Union, Local 620 et al. (the union), represents employees of the general employees unit, who work for respondents, the City of Santa Barbara et al. (City). The employees voted for an agency shop. Shortly thereafter, the employees petitioned for an election on whether to rescind the agency shop.
The union petitioned the trial court for writ of mandate or injunction to preclude the rescission election. The union argued that the Meyers-MiliasBrown Act (MMBA) prohibits the rescission election despite provisions in the MOU which provide for it. (MMBA; §§ 3500 et seq., 3510, especially 3502.5, subd. (b); MOU, § 59, subd. (j), post.) The trial court denied the petition.
We issued a writ of supersedeas staying the trial court’s ruling pending our resolution of this appeal. (See Glendale City Employees’ Assn., Inc. v. City of Glendale (1975) 15 Cal.3d 328 [ 124 Cal.Rptr. 513 , 540 P.2d 609 ]; International Brotherhood of…