Cochrun

This is an appeal from a judgment denying the petition of firemen employed by the Fontana Fire District for a writ of mandate to compel compliance, by the legislative body of that district, with the provisions of section 53250 of the Government Code which require that body to grant each regular member of its fire department “an annual leave of absence from active duty of not less than fifteen consecutive days,” and also “a leave of absence from active duty of not less than four working shifts in each month of service.” Petitioners alleged that the district had not provided the leaves of absence required by the foregoing code provisions. The trial court found to the contrary and entered judgment accordingly.

The subject fire department operates a two-platoon system. Each platoon, respectively, is on duty at the fire station for 24 hours, and off duty for the next 24 hours. The firemen on duty are required to reside on the station premises during a 24-hour shift; average 7 hours of active duty and 17 hours of standby service; and must be available for fire suppression service at all times during this shift. The firemen off duty are not required to be on the premises, to remain at…