California Hotel And Motel Association v. Industrial Welfare Commission

599 P.2d 31 (1979)

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Nature of the Case

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Facts

D is an administrative body within the Division of Labor Standards Enforcement, consisting of five members appointed by the Governor. It determines the wages, hours, and working conditions of all employees, except outside salesmen, in 15 industries. During public hearings on D's proposals, P presented a position paper commenting on the proposals relating to the public housekeeping industry. D adopted Order 5-76, which went into effect on October 18, 1976. P sought a writ of mandate challenging the validity of the order. P argued that section 1178 requires D to investigate and find that wages are inadequate, or hours and conditions of employment are prejudicial to the health, morals, or welfare of employees, before selecting a wage board to consider any such matters. P claims that D did not so investigate and find before convening a wage board to consider such matters in the public housekeeping industry. P also contended that D's order was invalid as promulgated in that it did not include an adequate statement of basis to support it, as required by Lab. Code, § 1177. The trial court found the order valid in all respects. P appealed.