City of LA v. City of LA Employee Relations Board
Annotate this CaseThe City, acting by and through its Department of Water and Power (DWP), challenges the dismissal entered after the superior court sustained the demurrer of real part in interest Department of Water and Power Management Employees Association (MEA) to the DWP's petition for writ of mandate. The court concluded that Government Code section 3509.5 does not apply to the City's Employee Relations Board (ERB) decisions because the plain language of the relevant statutory provisions indicates section 3509.5 does not apply to ERB decisions; the court does not readily infer the Legislature has acted to deprive a court of jurisdiction in the absence of an express indication it intended to do so; and the legislative history of sections 3509.5 and 3509 supports the conclusion that section 3509.5 was not intended to apply to the ERB. Therefore, the court reversed the order and remanded for further proceedings.
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