Service Employees International Union v. City of Los Angeles

Appellant Service Employees International Union, Local 347 (the Union) appeals from the judgment and order denying a petition to compel arbitration of a grievance between one of its members and the City of Los Angeles and Department of Public Works of the City of Los Angeles (the City). Denial of the petition was based on the ground that the dispute was not arbitrable under the provisions of the parties’ agreement. After independent review of the agreement, we reverse.

Factual and Procedural Background

Paul G. Fowler is an employee of the Department of Public Works of the City of Los Angeles. He is represented by the Union, an employee organization which is recognized by the City of Los Angeles as the bargaining representative for City employees in the “Equipment Operation and Labor Employees Representation Unit.” The Union and City are parties to a memorandum of understanding (MOU) dated July 17, 1990.

In March of 1992, Mr. Fowler filed a grievance on his own behalf, and on behalf of similarly situated employees, because he believed he was entitled to receive premium pay under note K of the Los Angeles City Administrative Code. Section 4.61 of the Administrative Code…