City of Colton v. Guerrero CA4/2

BACKGROUND

Defendant, cross-complainant and appellant Kris Guerrero appeals an order

denying his motion to compel arbitration following plaintiff, cross-defendant and

respondent City of Colton’s termination of his employment as a police officer and

granting the city’s petition for a permanent injunction enjoining him from pursuing

arbitration.

The memorandum of understanding (MOU) between the city and the police

officers’ association provides for arbitration of grievances for certain disciplinary actions,

including a dismissal taken against officers who are permanent employees. Guerrero

contends that he had completed his probationary period before the city purported to

extend it, and that he was a permanent employee when he was dismissed. The city

contends, and the trial court found, that Guerrero was a probationary employee and was

not entitled to arbitration.

The issue arose as follows.1 Guerrero was hired by the City of Colton (hereafter

the city) as a police officer in April 2007. As a new hire, he was subject to a period of

probation. He contended that he was a lateral officer, i.e., a newly hired officer with prior

police experience, and that pursuant to the…