Amalgamated Transit Union v. San Joaqu (In re in Reg'l Transit Dist.)

*3 This case involves the interpretation of provisions of the San Joaquin Regional Transit District Act ( Pub. Util. Code, § 50000, et seq. ) (Act) 1 relating to the composition and selection of some members of the retirement board. Amalgamated Transit Union, Local 276 and its president, Alan Wagner (collectively, the Union) brought this mandamus petition against *229 the San Joaquin Regional Transit District (the District), alleging the Union has the right to fill by appointment a vacancy on the District's retirement board, *4 to ensure labor-management parity, as the Union claims is required by section 99159. The District proposes to conduct an election by all employees (not only union members) to fill the vacancy, as it claims is required by an earlier statute, section 50150. The trial court denied the petition and the Union timely appealed. After hearing oral argument, we vacated submission and ordered supplemental briefing, reserving the option to order further argument if we deemed it necessary. We do not.

After considering all the briefing and argument, we find the Union's position more persuasive. It harmonizes the two statutes, avoids any constitutional question, and is…