Mossman

In this twist arising from a contractual arbitration proceeding, we address whether an arbitrator’s award that concludes (1) the City of Oakdale violated its own personnel rules, and (2) then directing the employee to be “made whole,” without more, is an enforceable award. As sometimes happens, the arbitrator ordered the parties to work out the details of the make-whole remedy, which they did not do. This appeal flows from a judgment denying a motion to vacate the arbitration award pursuant to Code of Civil Procedure section 1286.2 on the ground the arbitrator did not specify an adequate remedy and therefore did not resolve all issues submitted to arbitration. Although we conclude that the arbitrator resolved issues presented in the arbitration, we order the judgment reversed because, in its current form, the judgment is unenforceable. We remand to enable the original arbitrator to determine the appropriate nature of the make-whole remedy.

PROCEDURAL AND FACTUAL SUMMARIES

This is an appeal from a judgment denying a motion to vacate an arbitrator’s award pursuant to Code of Civil Procedure section 1286.2 brought by appellant City of Oakdale (Oakdale) and confirming the…