Fear Not Law Articles: SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 v. DEPARTMENT OF PERSONNEL ADM

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 v. DEPARTMENT OF PERSONNEL ADMINISTRATION

Filed 9/1/06

CERTIFIED FOR PUBLICATION

COPY

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1000 (CSEA),

Plaintiff and Appellant,

DEPARTMENT OF PERSONNEL ADMINISTRATION,

Defendant and Respondent.

C049936

(Super. Ct. No. 04CS01420)

APPEAL from a judgment of the Superior Court of Sacramento County, Gail D. Ohanesian, J. Affirmed.

Katzenbach and Khtikian, Christopher W. Katzenbach; Anne M. Giese and Paul E. Harris, III, for Plaintiff and Appellant.

K. William Curtis, Warren C. Stracener, Kevin A. Geckeler and Christopher E. Thomas for Defendant and Respondent.

The trial court sustained the State of California's demurrer to a union's complaint challenging the state's refusal to permit work site distribution of material supporting a ballot proposition. The court held the union was first required to arbitrate the question of whether the materials were of a â€

Description	Trial court properly dismissed union's complaint challenging state's refusal to permit work site distribution of material supporting a ballot proposition, where union prior to filing complaint failed to follow any of the informal or formal grievance and arbitration procedures under its collective bargaining agreement with the state, in order to resolve the question of whether distributed materials were of a partisan political nature as prohibited by collective bargaining agreement, and union did not present rare and egregious facts sufficient to excuse its failure to exhaust its contractual remedies.The court of appeals affirmed the judgement of dismissal.
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