California Teamsters Public, Professional and Medical Employees Union v. County of Solano

In this case we must determine if the parties agreed to arbitrate a dispute involving the firing of a deputy public defender who is covered by a memorandum of understanding between his union and the county. We conclude that as an “at-will” employee his dismissal is not arbitrable.

Plaintiff, the California Teamsters Public, Professional and Medical Employees Union, Local 911A (the Union), is the exclusive bargaining agent for Solano County Bargaining Unit No. 1, which includes attorneys employed in the offices of the county counsel, district attorney and public defender. The Union and the county were parties to a memorandum of understanding (MOU) which covered terms and conditions of employment for these attorneys. Section 22A of the MOU contained a five-step grievance procedure, which culminated in arbitration, for “any dispute which involves the interpretation or application of any provision of this [MOU] excluding, however, those provisions of this [MOU] which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. Grievances must be filed within…