All notes for Subtopic 1208.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2594M County of Orange
1208.1000: DECLARATORY RELIEF; In General
Where an ordinance was adopted without meeting and conferring with three exclusive representatives, the Board declared the negotiable provisions of the ordinance void and unenforceable, and ordered the employer to cease and desist enforcing those provisions, as to those exclusive representatives, but not as to exclusive representatives that did not participate in the case. more or view all topics or full text.
437311/06/18

1208.1000: DECLARATORY RELIEF; In General
Equity (declaratory and/or injunctive relief) will not intervene where the remedy at law even an extraordinary remedy like quo warranto is adequate. Absent constitutional or statutory regulations providing otherwise, quo warranto is the only proper remedy where available. Procedural irregularity in the adoption of municipal charter provisions involving scope of bargaining subjects may be attacked only in quo warranto proceedings. Where the quo warranto proceeding involves only public rights, the Attorney General's prosecutorial discretion is complete. However, if a separate private right is implicated by the alleged misconduct, then the AG's discretion is limited and either the private citizen can bring the action in place of the AG or the AG's decision to not proceed is subject to attack by way of an action for mandamus. Thus the legal remedy in this case is adequate. more or view all topics or full text.