Department of Public Health v. Service Employees International Union

The Department of Public Health of the City and County of San Francisco (the City) appeals from an order denying its petition to vacate an arbitration award in favor of Service Employees International Union, Local 790 (the Union) and confirming the award. The City contends that the arbitrator exceeded his power set forth in the arbitration agreement in awarding the grievant 225 days’ backpay. We conclude that the arbitrator acted within his power and affirm the order.

Factual and Procedural Background

This appeal arises from a grievance filed on behalf of Eric Nims. A hearing was held before the arbitrator on October 26, 1987. His written opinion and award was issued on February 16, 1988. The issue presented was: “Whether the City and County worked the grievant, Eric Nims, out of his classification in violation of [Section] 40 (now 41) of the Memorandum of Understanding [between the Union and the City] and if so, what is the appropriate remedy?”

The opinion found as follows: Nims alleged that, although he was classified as a Health Worker II, he had been assigned to perform duties in the higher class of psychiatric social worker and was entitled to the pay differential…