Claremont Police Officers Ass'n v. City of Claremont

*628 Opinion

In this case, we consider a provision of the Meyers-Milias-Brown Act (MMBA) (Gov. Code, 1 § 3500 et seq.), which governs labor-management relations at the local government level. Section 3505 mutually obligates a public employer and an employee organization to meet and confer in good faith about a matter within the “scope of representation” concerning, among other things, “wages, hours, and other terms and conditions of employment” (§ 3504). A fundamental managerial or policy decision, however, is outside the scope of representation (§ 3504), and is excepted from section 3505’s meet-and-confer requirement.

For reasons that follow, we conclude that there is a distinction between an employer’s fundamental managerial or policy decision and the implementation of that decision. To determine whether an employer’s action implementing a fundamental decision is subject to the meet-and-confer requirement (§ 3505), we employ the test found in our decision in Building Material & Construction Teamsters’ Union v. Farrell (1986) 41 Cal.3d 651, 660 [ 224 Cal.Rptr. 688 , 715 P.2d 648 ] (Building Material).

Applying that test to the case at hand, we reverse the judgment of the Court…

I agree with the majority’s narrow holding that the City of Claremont (City) need not meet and confer regarding its decision to conduct a racial profiling study and to adopt a particular data collection method in implementing the study, and that we need not consider other issues raised by the Claremont Police Officers Association (Association). As the majority states: “Based on the limited record before us, there is no evidence regarding what effects would result from implementing the Study; for instance, whether the data collected and later analyzed will result in discipline if an officer is found to have engaged in racial profiling, or whether the City will publicize the Study’s raw data. It is also not clear from the record what exact methodology the City has adopted to analyze the collected data to determine any racial profiling. Nor can we say that racial profiling studies have been so historically associated with employee discipline that their implementation invariably raises disciplinary issues. (Cf. Holliday [v. City of Modesto (1991)] 229 Cal.App.3d [528,] 540 [ 280 Cal.Rptr. 206 ] [various details of implementing mandatory drug testing policy subject to meet-and-confer…

In this case, we consider a provision of the Meyers-Milias-Brown Act (MMBA) (Gov.Code, [1] § 3500 et seq.), which governs labor-management relations at the local government level. Section 3505 mutually obligates a public employer and an employee organization to meet and confer in good faith about a matter within the "scope of representation" concerning, among other things, "wages, hours, and other terms and conditions of employment" (§ 3504). A fundamental managerial or policy decision, however, is outside the scope of representation (§ 3504), and is excepted from section 3505's meet-and-confer requirement.

For reasons that follow, we conclude that there is a distinction between an employer's fundamental managerial or policy decision and the implementation of that decision. To determine whether an employer's action implementing a fundamental decision is subject to the meet-and-confer requirement (§ 3505), we employ the test found in our decision in Building Material & Construction Teamsters' Union v. Farrell (1986) 41 Cal.3d 651, 660 , 224 Cal.Rptr. 688 , 715 P.2d 648 ( Building Material ).

Applying that test to the case at hand, we reverse the judgment of the Court of…