Service Employees International Union Local 715 v. City of Redwood City

Service Employees International Union Local 715, AFL-CIO (the Union), appeals from a judgment denying declaratory relief against respondents, the City of Redwood City and the Redwood City Fire Department (collectively, the City). The trial court held that the Fire Prevention Officers (FPO’s) employed by the City and represented by the Union were not “peace officers” within the meaning of Penal Code section 830.37, subdivision (b). The Union contends that because the FPO’s primary duty is enforcement of laws relating to fire prevention, FPO’s are peace officers under that statute, notwithstanding the City’s restrictions on their authority and powers. We conclude that the statute does not support the Union’s contention and that the trial court’s holding was correct. We affirm the judgment.

Facts

The Union is the employee organization that the City recognizes as the representative of the City’s FPO’s. In filing this action, the Union sought a declaration that it is entitled to bargain with the City on behalf of FPO’s as peace officers.

The job description for an FPO, which identifies the position as “Fire Prevention Officer (Civilian),” defines the job as follows: “Under…