U. FIREFIGHTERS OF LOS ANGELES v. City of LA

Bad Law
1991 Cal. App. LEXIS 772·231 Cal. App. 3d 1576·283 Cal. Rptr. 8·91 Daily Journal DAR 8120·91 Cal. Daily Op. Serv. 5264
Court of Appeal of CaliforniaJune 6, 1991B052836California2,715 words

Opinion

Opinion

Nott, J.

This is an appeal by appellants City of Los Angeles (City), the Los Angeles City Fire Department (Department), Donald Manning, the Department’s chief engineer and general manager (Chief Engineer), and the board of fire commissioners from a judgment confirming an arbitrator’s award. The award directed the Chief Engineer to constitute a new board of rights to reconsider the Department’s termination of Edward Salas as a firefighter. The respondent is the United Firefighters of Los Angeles City (UFLAC), the certified collective bargaining agent for firefighters employed by the Department. Salas is not a party to this appeal. We affirm the judgment and remand the matter to the trial court to determine whether respondent is entitled to an award of attorney’s fees.

Appellants contend the trial court erred in compelling arbitration because Salas as a discharged employee had no rights under the grievance provisions contained in a memorandum of understanding (MOU) between respondent and City. Respondent, on the other hand, urges the claim is not cognizable on appeal because appellants failed to timely file a request to vacate the award in the trial court. Finally, respondent seeks…

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