Long Beach City Employees Ass'n v. City of Long Beach

Opinion

ROTH, P. J.

The Long Beach City Employees Association, Inc. (CEA) petitioned the superior court for a peremptory writ of mandate to compel the Long Beach City Council (City Council or respondent) to adopt a memorandum of understanding (MOU) prepared by representatives of CEA and City of Long Beach pursuant to Government Code section 3505.1, part of the Meyers-Milias-Brown Act (MMBA), and presented to the City Council for adoption.

CEA’s petition alleged in pertinent part:

“On August 30, 1976, Calvin A. Davenport and Bruce E. Dandy, representatives of the CEA in good faith executed a Memorandum of Understanding by and between The City Employees Association (CEA) and The City Of Long Beach that was signed by Robert C. Creighton, acting City Manager for the City Of Long Beach. ...

“Pursuant to Article I of . . ., the [MOU]

would not be effective until provisions of such are approved by the City Council.

“At all times herein relevant, Section 3505.1 of the Government Code provides: ‘If agreement is reached by the representatives of the public agency and a recognized employee organization or recognized employee organizations, they shall jointly prepare a written memorandum of such understanding,

which shall not be binding

and present it to the governing body or its statutory representative for determination.’

“On August 31, 1976, Bruce Dandy, Acting General Manager of the CEA appeared before respondent City Council to request respondent City Council to approve the [MOU]. ... At that time, Barney J. Walczak, Deputy City Manager, who was the chief negotiator for the city,

in bad faith

advised respondent City Council that notwithstanding the provisions of Article I of the [MOU] that required said document to be approved by the City Council, he advised the council that they did

[276]

not have to approve. . . . Thereafter, respondent City Council did not approve... .