San Joaquin County Employees Ass'n v. City of Stockton

Opinion

SIMS, J. —Defendant City of Stockton (City) appeals from a judgment granting a peremptory writ of mandate ordering it to pay all necessary em[817]ployee health insurance premiums during the pendency of labor negotiations. City claims it was not required to pay a $19 per employee premium increase and was justified in unilaterally deducting that amount from employee paychecks because in so doing it was merely maintaining the “status quo” as required by the Meyers-Milias-Brown Act (MMBA). (Gov. Code, § 3500 et seq.)1 Concluding City’s actions altered the status quo in violation of the MMBA, we affirm.

Factual and Procedural Background

In November 1981, City and plaintiff San Joaquin County Employees Association, Inc., executed memoranda of understanding (MOU’s) covering two bargaining units represented by plaintiff. The MOU’s provided, in identical language, that “For the term of this Memorandum of Understanding, the City shall pay premiums that are necessary and sufficient to provide substantially equivalent benefits for hospitalization, medical, dental/orthodontic and vision benefits that were in effect January 1, 1981.”

On April 29, 1983, plaintiff timely notified City that it intended to amend and modify the MOU’s. Negotiations began. In the trial court both parties contended, and the trial court found, that the MOU’s expired as of June 30, 1983.

Sometime after June 30, 1983, the cost of insurance rose by $19 per employee per month. On or about July 15, 1983, while negotiations on new MOU’s were still in progress and prior to any impasse in negotiations, City notified its employees that it would withhold the $19 from each employee’s paycheck beginning August 7, 1983.

On September 13, 1983, plaintiff obtained a peremptory writ of mandate commanding City, pending completion of the negotiating process, “to pay all premiums necessary to provide substantially equivalent benefits for hospitalization, medical, dental/orthodontic and vision benefits that were in effect January 1, 1981, for the employees of [the two bargaining units] retroactive to August 1, 1983.” City appeals.

Discussion

I

The MMBA (§ 3500 et seq.) codifies California’s recognition of the right of certain public employees to bargain collectively with their govern