Civic Center Chapter, Engineers & Artchitects Ass'n v. Department of Water & Power

[240]Opinion

COBEY, J. Civic Center Chapter, Engineers and Architects Association and Robert G. Fleming (hereafter generally petitioners) appeal from a judgment denying them all relief. Their adversaries, respondents Department of Water and Power of the City of Los Angeles and its Board of Water and Power Commissioners (hereafter collectively DWP), cross-appeal from the one paragraph of the just-mentioned judgment decreeing the nonapplicability of various claim provisions of the city charter (§§ 363, 376, 376.1) to this mandamus proceeding.1

The instant proceeding was brought on behalf of approximately 135 members of the chapter holding positions in the various surveyors’ classes of the DWP, which employs approximately 190 individuals in these positions. Its purpose is to compel the DWP to ascertain reasonably the salaries and wages required for these surveyor positions pursuant to section 425 of the city charter (the prevailing wage provision)2 for the fiscal years 1969-1970, 1970-1971, 1971-1972 and 1972-1973 and then to pay the occupants of these positions the salaries and wages so determined.

The surveyor positions at issue appear to be surveyor’s aide, head chainman, instrumentman and survey party chief.3 All of them were benchmark jobs in the wage and salary surveys made by DWP during the fiscal years in question. During these years the DWP’s survey of these positions in private industry was confined to six firms—three of the major gas and electric utilities (San Diego Gas and Electric Co., Pacific Gas and Electric Co., and Southern California Edison Co.), two engineering firms and the Shell Oil Company at Los Angeles. Of these business establishments only the two engineering firms were unionized. They paid, however, the highest wages reported to DWP in the various surveys of these positions.

[241]Approximately 90 percent of the surveyors employed by engineering firms within 12 Southern California counties in the private sector (aside from private utilities) are employed pursuant to union agreement and are paid union hourly rates.4 Private utilities employing surveyors, however, are not signatories to any union agreement. Approximately eight times as many surveyors are employed in Southern California by the unionized engineering firms as are employed in the private utilities.