San Francisco Police Officers' Association. v. San Francisco Police CommissionAnnotate this Case
The Association represents San Francisco Police Department (SFPD) officers. The Commission prescribes and enforces SFPD regulations. The agreement between the two gives the Association the right to notice and an opportunity to meet and confer regarding “any proposed change in general orders or other matters within the scope of representation.” The Commission announced that it planned to revise SFPD’s use of force policy and began meeting with stakeholders. In response to the Association's request that the city confer regarding the proposed policy, the city stated that "the policy is a managerial right outside the scope of bargaining" but agreed to meet once the new policy was approved, “to consider negotiable impacts.” A draft policy was prepared. Disagreement remained regarding provisions that prohibited police use of the carotid restraint and strictly prohibiting officers from shooting at moving vehicles. The Commission adopted the policy. The city met nine times with the Association then declared an impasse. The Association filed a grievance, alleging failure to negotiate in good faith. The city concluded that remaining areas of disagreement were management rights, outside the scope of representation, including the prohibition against shooting at moving vehicles and the ban on carotid restraint. The court of appeal affirmed denial of the Association’s motion to compel arbitration. The parties did not agree to subject the city’s determinations regarding the revised use of force policy to arbitration.