Engineers & Architects Ass'n v. Community Development Department

Introduction

This appeal arises from the denial of a petition to compel arbitration. The petition raised the question whether a collective bargaining agreement excluded from arbitration a managerial decision to lay off an employee because of lack of funding or lack of work. In answering this question, the trial court properly made factual findings in ruling on arbitrability. The contract, and substantial evidence, support the trial court’s ruling that this dispute was not arbitrable. We affirm the denial of the petition to compel arbitration.

Factual and Procedural Background

On June 24, 1992, petitioner Engineers and Architects Association (the Association) filed a petition to compel arbitration, pursuant to Code of Civil Procedure section 1281.2, naming as respondents the Community Development Department (the Department) of the City of Los Angeles and its *648 general manager, Parker Anderson (Anderson). The Association acts as an employee organization recognized by the City of Los Angeles (the City) as bargaining representative for “administrative unit” employees, including those working in the Department. The petition specifically concerned Mark Vella (Vella), an…