California Correctional Peace Officers Ass'n v. State

In this appeal, we consider whether a party opposing a petition to compel arbitration may defeat the petition by demonstrating that the relief sought by the petitioner in arbitration is precluded by statute. Plaintiff California Correctional Peace Officers Association (the Union) represents both rank-and-file correctional officers and their supervisors. Supervisors and rank-and-file officers negotiate separately with the state’s representative, the California Department of Personnel Administration (the Department), over their respective terms and conditions of employment. Nonetheless, pursuant to “ground rules” negotiated between the Union and the Department, for several years supervisory employees had been permitted to sit in as observers during labor negotiations between the Department and rank-and-file employees, and vice versa. After two occasions on which rank-and-file observers disrupted negotiations between the Department and supervisory employees, the Department refused to continue with the practice. The Union sought to arbitrate its right to have observers present. When the Department refused to arbitrate, the Union filed a petition to compel arbitration.

The…