San Francisco Fire Fighters, Local 798, International Association of Fire Fighters, AFL-CIO v. City and County of San Francisco

two appeals have been consolidated for hearing and determination by this court. There is but a single issue.. It concerns the validity, as a binding agreement, of a memorandum of understanding (Memorandum) signed by San Francisco Fire Fighters Local 798, International Association of Fire Fighters, AFL-CIO (Union), and the Mayor, Board of Supervisors and Fire Commission of the City and County of San Francisco (City). The Memorandum provided for arbitration of grievances concerning “terms and conditions of employment,” as established by the rules and regulations of the fire department. Among the “terms and conditions of employment” subject to arbitration, at least as contended by the Union, were such matters as the authority of “company commanders,” the “right” of fire fighters to strike, disciplinary matters, the degree of “physical fitness” required, and the “conditions” of assignment and transfer of fire fighters.

The City has chosen, by the vote of a majority of its electors, to adopt a charter (Charter) under the provisions of the state’s Constitution; the City’s ordinances and regulations are subject to the restrictions and limitations of the Charter, which “shall…