Southern California Cement Masons Joint Apprenticeship Committee v. California Apprenticeship Council
153 Cal. Rptr. 3d 448
Cal. Ct. App.2013Background
- Existing Cement Mason apprenticeship programs held state approval; Laborers Committee sought approval of a new program in 2008 for 12 Southern California counties.
- The Council may approve a new program only if existing approved programs lack capacity or neglect/refuse to dispatch enough apprentices.
- Laborers presented evidence of underemployment of apprentices and insufficient projected capacity to meet demand; Existing Committees argued lack of demonstrated need and inadequate qualifications.
- Chief approved Laborers Committee program in 2009, finding training needs due to lack of capacity; rejected the opposing argument that need is limited to public works capacity.
- Existing Committees appealed; Council panel conducted an evidentiary hearing; full Council affirmed; trial court denied writ; Court of Appeal affirmed the denial of the writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 3075(b)(2) interpretation—neglect or lack of capacity? | Existing Committee: neglect/confidence measure not satisfied by mere dispatch to requests | Council: neglect includes failure to dispatch enough apprentices for public works compliance | Yes, neglect/dispatch sufficiency supports approval |
| Standard of review | Traditional mandamus should apply | Administrative mandamus applicable; deference to agency | Abuse of discretion standard governs; de facto review remains substantial |
| Role of extrinsic aids in interpretation | Statutory text alone governs | Extrinsic aids support Council's interpretation | Extrinsic aids support Council interpretation under 3075(b)(2) |
| Evidence of underemployment suffices for capacity/neglect finding | Underemployment evidence shows lack of capacity | Dispatched apprentices when requested; not neglect | Evidence of widespread underemployment supports neglect finding |
Key Cases Cited
- Southern Cal. Ch. of Associated Builders etc. Com. v. California Apprenticeship Council, 4 Cal.4th 422 (1992) (premises on apprenticeship regulation and statutory framework)
- Independent Roofing Contractors v. California Apprenticeship Council, 114 Cal.App.4th 1330 (2003) (administrative review of apprenticeship program decisions)
- State Bd. of Chiropractic Examiners v. Superior Court, 45 Cal.4th 963 (2009) (abuse of discretion standard for agency adjudication)
- Yamaha Corp. of America v. State Bd. of Equalization, 19 Cal.4th 1 (1998) (treatment of agency interpretations and deference factors)
- O.W.L. Foundation v. City of Rohnert Park, 168 Cal.App.4th 568 (2008) (abuse of discretion review for agency action)