San Francisco City & County Service Employees International Union v. City & County of San Francisco

Plaintiff William A. Slater was employed at the San Francisco General Hospital prior to October 26, 1970, with a civil service job classification as a “2801 -Community Health Aide.” A few days before that date another employee, Cyrus Carter, who was classified as a “2120-Institutional Admitting Officer” had resigned from his position. The salary for his job was $288 per month more than the rate of pay for a health aide.

Before Carter left his job, there were two members of the hospital staff classified as admitting officers. On October 3, 1970, after Carter had notified the hospital that he intended to leave, a request from the hospital personnel office for leave to fill this vacancy was denied because the position had not been funded and the job was declared “frozen.” However, on October 26, 1970, Slater was assigned by his superior, George Szol, senior management assistant, county mental health clinic, to perform the duties of a 2120-Institutional Admitting Officer. Ever since that date he continued to perform the duties of the higher position in obedience to the orders he had received from his boss.

Appellant San Francisco City and County Service Employees…