Service Employees International Union v. City of Los Angeles Department of Transportation

Kenneth W. Thompson, a respondent City of Los Angeles Department of Transportation (DOT) employee, applied for a job with the city’s general services department (GSD). Despite Thompson’s first place eligibility list ranking, GSD did not hire him. Pursuant to the governing collective bargaining agreement, or memorandum of understanding (MOU), Thompson filed a grievance, claiming GSD failed to follow proper personnel practices. The MOU requires that grievances be pursued within the employee’s department. Thompson did not claim DOT had done anything wrong or could correct the GSD decision. Thus, DOT rejected his grievance. GSD rejected Thompson’s grievance because he was not a GSD employee. The MOU requires that unresolved grievances be submitted to binding arbitration. The city refused Thompson’s arbitration demand, arguing that, because he was not a GSD employee, the arbitration provision did not apply to this dispute.

Service Employees International Union, Local 347 (SEIU), Thompson’s union, petitioned the trial court on his behalf to compel arbitration. The trial court dismissed the petition. SEIU appeals.

We agree with the city that the MOU does not compel arbitration…