Los Angeles Police Protective League v. City of Los Angeles

Los Angeles Police Protective League appeals from the denial of its petition to compel respondent City of Los Angeles (the City) to arbitrate a grievance based upon a claim of unfairness in a civil service promotional evaluation. Appellant contends: “I. An agreement existed to arbitrate the dispute. II. Grounds did not exist for revocation of the agreement. III. Affirmation of an agreement to arbitrate is warranted by public policy considerations.”

Officer Bernardino Herrera of the Los Angeles Police Department took a civil service examination in connection with his candidacy for promotion to the position of detective. The examination consisted of a written test and an interview. The day after the interview, Officer Herrera submitted a protest pursuant to civil service regulations in which he objected to having been asked during the interview whether he was a recovering alcoholic.

Officer Herrera’s protest was denied. He then filed a grievance, purportedly under the provisions of the parties’ memorandum of understanding, seeking to overturn the civil service commission’s refusal to grant him a new oral interview. Officer Herrera processed the grievance through the last…