Service Employees International Union, Local 1021 v. County of San Joaquin

Service Employees International Union, Local 1021 (SEIU), appeals from the trial court’s denial of its petition to compel respondent San *452 Joaquin County (County) to arbitrate whether the County wrongfully terminated the employment of Robert Riedinger. The County refused to participate in arbitration after learning that Riedinger applied for and began receiving retirement benefits while the parties were selecting an arbitrator. The trial court denied SEIU’s petition on grounds that the memorandum of understanding (MOU) between the County and SEIU did not contain an agreement between the County and its former employees to arbitrate disciplinary actions and Riedinger’s retirement deprived the arbitrator of jurisdiction.

SEIU contends the County agreed to arbitrate disciplinary actions in an MOU between the parties. SEIU further argues that Riedinger’s acceptance of retirement benefits did not divest the arbitrator of power to hear the matter.

We conclude that the County and SEIU agreed in the MOU to arbitrate disciplinary actions for employees who elect arbitration instead of a hearing with the civil service commission. Rather than having “jurisdiction” over a claim as…