On September 22, 1978, all eighteen employees of the public works, fire, and finance departments of the
Question:
On September 22, 1978, all eighteen employees of the public works, fire, and finance departments of the City of Gridley, California, went on strike following the breakdown in negotiations over a new collective bargaining agreement. The city notified the union that it regarded the strike as illegal and immediately revoked the union’s certification as collective bargaining representative. The city’s labor relations officer notified the employees that they would be fired if they did not return to work at their next regular shift. The city council met in emergency session on a Saturday and voted to terminate the employees. On Sunday, the union notified the city that all employees would return to their jobs on Monday. The city refused to reinstate them.
Although the city council had earlier declared that “participation by any employee in a strike … is unlawful and shall subject the employee to disciplinary action, up to and including discharge,” the union challenged the city’s actions on the basis that
(1) the discharged employees had been entitled to a hearing, and (2) the sanction of revoking recognition was contrary to the purpose of California’s public employee relations laws—that is, to permit the employees to have responsibilities of their own choosing.
The case reached the California Supreme Court. How do you think the court ruled? See IBEW Local 1245 v. City of Gridley [34 Cal.3d 191
(Supr. Ct. Cal. 1983)].
Step by Step Answer:
Employment And Labor Law
ISBN: 9781439037270
7th Edition
Authors: Patrick J. Cihon , James Ottavio Castagnera