Fugitt

Petitioners have appealed from a judgment of dismissal after order sustaining a general demurrer without leave to amend. The petitioners had sought a writ of mandate requiring respondents to pay to petitioners wages and other benefits for the period they were prevented from working due to their wrongful discharge by respondents.

The petitioners, who are appellants herein, by their petition for writ of mandamus, alleged: That on October 28, 1974, petitioner Warren Fugitt was hired by the City of Placentia as a probationary fire captain and on October 20, 1974, petitioner Elroy Gobrogge was hired as a probationary fire engineer; that on September 2, 1975, petitioners were terminated from their employment; that pursuant to the memorandum of understanding between the city and petitioners’ union, International Association of Fire Fighters, Local 2147, a grievance procedure was instituted; that after the grievance was denied at the third step on September 22, 1975, the matter was heard by a sole impartial arbitrator, who found that- the discharge was arbitrary and capricious, and ordered the petitioners reinstated; that as a result of the discharge the petitioners were denied…