United Firefighters v. City of Los Angeles

Appellant, United Firefighters, appeals from an order denying its petition to compel arbitration (Code Civ. Proc., § 1281.2) of a dispute over a disciplinary suspension imposed on Captain Kenneth Buzzell. The sole issue is whether the grievance procedure provided for in the parties’ memorandum of understanding applies to a matter involving an order of suspension when the suspended employee has already sought and received review by a board of rights as provided for in Los Angeles City Charter, article X, section 135.

On November 20, 1980, Captain Kenneth Buzzell, a Los Angeles Fire Department employee and a member of appellant, was notified that he was *386 to receive a disciplinary suspension of three working days for refusing a job assignment under the department’s “assign-hire” program. In response to this notice, Captain Buzzell requested a board of rights hearing pursuant to Los Angeles City Charter, article X, section 135.

Section 135 of article X of the Los Angeles City Charter provides a mechanism for review of an order of the chief to suspend or dismiss a fire department officer. An evidentiary hearing is held before three senior officers who must determine…

I respectfully dissent. I would affirm the superior court’s order denying appellant’s petition to compel arbitration.

In my view the language of the sentence in article 23, section II of the memorandum of understanding (MOU) is clear and unequivocal and therefore does not lend itself to interpretation. That sentence states: “Nothing in this grievance procedure shall be construed to apply to matters for which a remedy is provided by provisions of Section 135 of the City Charter.” The parties are bound by the language in the MOÚ which provides for an election of remedies.

Here, Captain Buzzell has not been denied a remedy or due process. He exhausted his section 135 remedy and wants another bite at the apple by way of arbitration in pursuit of his objective. He is not entitled to a second bite at the apple since the MOU, to which he is bound, does not provide for concurrent or sequential remedies.

Nor does the argument that public policy favors arbitration compel granting Buzzell his second bite at the apple. Here, the alternative to granting arbitration does not result in labor strife. The agreed upon alternative of the MOU is a full and fair evidentiary hearing.

A petition for…

Appellant, United Firefighters, appeals from an order denying its petition to compel arbitration (Code Civ. Proc., § 1281.2) of a dispute over a disciplinary suspension imposed on Captain Kenneth Buzzell. The sole issue is whether the grievance procedure provided for in the parties' memorandum of understanding applies to a matter involving an order of suspension when the suspended employee has already sought and received review by a board of rights as provided for in Los Angeles City Charter, article X, section 135.

On November 20, 1980, Captain Kenneth Buzzell, a Los Angeles Fire Department employee and a member of appellant, was notified that he was to receive a disciplinary suspension of three working days for refusing a job assignment under the department's "assign-hire" program. In response to this notice, Captain Buzzell requested a board of rights hearing pursuant to Los Angeles City Charter, article X, section 135.

Section 135 of article X of the Los Angeles City Charter provides a mechanism for review of an order of the chief to suspend or dismiss a fire department officer. An evidentiary hearing is held before three senior officers who must…