Service Employees International Union v. Superior Court

Opinion

LOW, P. J.

—Upon the application of Service Employees International Union, Local 715, AFL-CIO (Union), we ordered the Superior Court of

[1007]

Santa Clara County (Court) to show cause why a writ of mandate issued upon the order of Division Four of this court in

Service Employees Internat. Union

v.

Superior Court

(1982) 137 Cal.App.3d 320, 327 [187 Cal.Rptr. 9], should not be enforced. (Code Civ. Proc., § 1097; cf.

King

v.

Woods

(1983) 144 Cal.App.3d 571, 578-579 [192 Cal.Rptr. 724].) On the basis of facts furnished by the parties in response to our inquiry, we conclude that Union has not shown a violation of Division Four’s writ. Accordingly, we discharge the order to show cause.

Division Four adjudicated the question whether Court’s courtroom clerks were county employees to whom a memorandum of understanding entered into between Union and Santa Clara County, under the Meyers-Milias-Brown Act (Gov. Code, §§ 3500-3510), was applicable. It directed Court “to comply with the memorandum of understanding negotiated between the County of Santa Clara and [Union], as to the courtroom clerks only”

(Service Employees Internat. Union

v.

Superior Court, supra,

137 Cal.App.3d at p. 327); its writ issued accordingly.

Division Four’s opinion recites that it had before it a memorandum of understanding entered into “for the period July 1981-June 1983 . . . .”

(Id.,

at p. 322.) There is no dispute that the 1981-1983 memorandum of understanding expired at the end of June 1983, and was replaced by a new memorandum of understanding which is now in effect. Neither Division Four’s opinion nor its writ refers to any memorandum of understanding other than that which was before it.