San Joaquin County Employees Ass'n v. City of Stockton

Good Law
161 Cal. App. 3d 807
Court of Appeal of CaliforniaNovember 13, 1984Civ. No. 23337California1,723 words

Opinion

Lead Opinion

Sims, J.

—Defendant City of Stockton (City) appeals from a judgment granting a peremptory writ of mandate ordering it to pay all necessary em *817 ployee health insurance premiums during the pendency of labor negotiations. City claims it was not required to pay a $19 per employee premium increase and was justified in unilaterally deducting that amount from employee paychecks because in so doing it was merely maintaining the “status quo” as required by the Meyers-Milias-Brown Act (MMBA). (Gov. Code, § 3500 et seq.) 1 Concluding City’s actions altered the status quo in violation of the MMBA, we affirm.

Factual and Procedural Background

In November 1981, City and plaintiff San Joaquin County Employees Association, Inc., executed memoranda of understanding (MOU’s) covering two bargaining units represented by plaintiff. The MOU’s provided, in identical language, that “For the term of this Memorandum of Understanding, the City shall pay premiums that are necessary and sufficient to provide substantially equivalent benefits for hospitalization, medical, dental/orthodontic and vision benefits that were in effect January 1, 1981.”

On April 29, 1983, plaintiff timely notified City that…

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