# Public Employees of Riverside County, Inc. v. County of Riverside

> California Court of Appeal · December 14, 1977 · 75 Cal. App. 3d 882

URL: https://www.frixlaw.com/law-library/cases/9730670

## Case

- **Full name:** PUBLIC EMPLOYEES OF RIVERSIDE COUNTY, INC., Plaintiff and Respondent, v. COUNTY OF RIVERSIDE Et Al., Defendants and Appellants
- **Court:** California Court of Appeal
- **Decided:** December 14, 1977
- **Citations:** 75 Cal. App. 3d 882; 142 Cal. Rptr. 521; 1977 Cal. App. LEXIS 2066
- **Precedential status:** Published
- **Opinion:** Concurrence by Kaufman
- **Judges:** Tamura, Kaufman
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9730670

## Opinion text

KAUFMAN, J.
I concur in all of the majority opinion except that portion of part II which purports to hold county could not validly enact an ordinance to the effect that supervisorial employees may not be represented by the same employee organization which represents the rank and file. As to that portion I dissent.
As the majority opinion correctly indicates, the amendment to the employee relations resolution adopted by county does not purport to and cannot be construed to prohibit representation of both units by the same employee organization. The question of the validity of an ordinance which does so provide is therefore not at issue in this case and should not be decided. While the language of Government Code section 3502 would appear to support the conclusion reached by the majority, it is not necessarily conclusive. The question has not been briefed by the parties, and its resolution should be deferred until decision of a case in which its resolution is necessary to the decision. (See 6 Witkin Cal. Procedure (2d ed.) Appeal, § 223, pp. 4212-4213.)
Appellants’ petition for a hearing by the Supreme Court was denied February 10, 1978. Richardson, J., was of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9730670. Public record. Not legal advice.