Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Annotate this CaseAmalgamated Transit Union, Local 276 and its president, Alan Wagner (collectively, the Union) brought this mandamus petition against the San Joaquin Regional Transit District (the District), alleging the Union had the right to fill by appointment a vacancy on the District’s retirement board, to ensure labor-management parity, as the Union claimed was required by Public Utilities Code section 99159 (or the San Joaquin Regional Transit District Act). The District proposed to conduct an election by all employees (not only union members) to fill the vacancy, claiming that process was required by an earlier statute, section 50150. The trial court denied the petition and the Union timely appealed. After hearing oral argument, the Court of Appeal vacated submission and ordered supplemental briefing, reserving the option to order further argument if we deemed it necessary. After considering all the briefing and argument, the Court found the Union’s position more persuasive, harmonizing the two statutes, avoiding any constitutional question, and was in accord with the use of the term “representative” in federal labor law and the long-standing practice of the parties--the only parties affected by the two statutes. Accordingly, the Court reversed.
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