2007 California Code of Civil Procedure Title 9.5. Arbitration Of Firefighter And Law Enforcement Officer Labor Disputes

CA Codes (ccp:1299-1299.9)

1299.  The Legislature hereby finds and declares that strikes taken
by firefighters and law enforcement officers against public employers
are a matter of statewide concern, are a predictable consequence of
labor strife and poor morale that is often the outgrowth of
substandard wages and benefits, and are not in the public interest.
The Legislature further finds and declares that the dispute
resolution procedures contained in this title provide the appropriate
method for resolving public sector labor disputes that could
otherwise lead to strikes by firefighters or law enforcement
officers.
   It is the intent of the Legislature to protect the health and
welfare of the public by providing impasse remedies necessary to
afford public employers the opportunity to safely alleviate the
effects of labor strife that would otherwise lead to strikes by
firefighters and law enforcement officers.  It is further the intent
of the Legislature that, in order to effectuate its predominant
purpose, this title be construed to apply broadly to all public
employers, including, but not limited to, charter cities, counties,
and cities and counties in this state.
   It is not the intent of the Legislature to alter the scope of
issues subject to collective bargaining between public employers and
employee organizations representing firefighters or law enforcement
officers.
   The provisions of this title are intended by the Legislature to
govern the resolution of impasses reached in collective bargaining
between public employers and employee organizations representing
firefighters and law enforcement officers over economic issues that
remain in dispute over their respective interests.  However, the
provisions of this title are not intended by the Legislature to be
used as a procedure to determine the rights of any firefighter or law
enforcement officer in any grievance initiated as a result of a
disciplinary action taken by any public employer.  The Legislature
further intends that this title shall not apply to any law
enforcement policy that pertains to how law enforcement officers
interact with members of the public or pertains to police-community
relations, such as policies on the use of police powers, enforcement
priorities and practices, or supervision, oversight, and
accountability covering officer behavior toward members of the
public, to any community-oriented policing policy or to any process
employed by an employer to investigate firefighter or law enforcement
officer behavior that could lead to discipline against any
firefighter or law enforcement officer, nor to contravene any
provision of a charter that governs an employer that is a city,
county, or city and county, which provision prescribes a procedure
for the imposition of any disciplinary action taken against a
firefighter or law enforcement officer.



1299.2.  This title shall apply to all employers of firefighters and
law enforcement officers.



1299.3.  As used in this title:
   (a) "Employee" means any firefighter or law enforcement officer
represented by an employee organization, as defined in subdivision
(b).
   (b) "Employee organization" means any organization recognized by
the employer for the purpose of representing firefighters or law
enforcement officers in matters relating to wages, hours, and other
terms and conditions of employment within the scope of arbitration.
   (c) "Employer" means any local agency employing employees, as
defined in subdivision (a), or any entity, except the State of
California, acting as an agent of any local agency, either directly
or indirectly.
   (d) "Firefighter" means any person who is employed to perform
firefighting, fire prevention, fire training, hazardous materials
response, emergency medical services, fire or arson investigation, or
any related duties, without respect to the rank, job title, or job
assignment of that person.
   (e) "Law enforcement officer" means any person who is a peace
officer, as defined in Section 830.1 of, subdivisions (b) and (d) of
Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32
of, subdivisions (a), (b), and (d) of Section 830.33 of, subdivisions
(a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5
of, and subdivision (a) of Section 830.55 of, the Penal Code, without
respect to the rank, job title, or job assignment of that person.
   (f) "Local agency" means any governmental subdivision, district,
public and quasi-public corporation, joint powers agency, public
agency or public service corporation, town, city, county, city and
county, or municipal corporation, whether incorporated or not or
whether chartered or not.
   (g) "Scope of arbitration" means economic issues, including
salaries, wages and overtime pay, health and pension benefits,
vacation and other leave, reimbursements, incentives, differentials,
and all other forms of remuneration.  The scope of arbitration shall
not include any issue that is protected by what is commonly referred
to as the "management rights" clause contained in Section 3504 of the
Government Code.  Notwithstanding the foregoing, any employer that
is not exempt under Section 1299.9 may supersede this subdivision by
adoption of an ordinance that establishes a broader definition of
"scope of arbitration."



1299.4.  (a) If an impasse has been declared after the parties have
exhausted their mutual efforts to reach agreement over matters within
the scope of arbitration, and the parties are unable to agree to the
appointment of a mediator, or if a mediator agreed to by the parties
is unable to effect settlement of a dispute between the parties
after his or her appointment, the employee organization may, by
written notification to the employer, request that their differences
be submitted to an arbitration panel.
   (b) Within three days after receipt of the written notification,
each party shall designate a person to serve as its member of an
arbitration panel.  Within five days thereafter, or within additional
periods to which they mutually agree, the two members of the
arbitration panel appointed by the parties shall designate an
impartial person with experience in labor and management dispute
resolution to act as chairperson of the arbitration panel.
   (c) In the event that the parties are unable or unwilling to agree
upon a third person to serve as chairperson, the two members of the
arbitration panel shall jointly request from the American Arbitration
Association a list of seven impartial and experienced persons who
are familiar with matters of employer-employee relations.  The two
panel members may as an alternative, jointly request a list of seven
names from the California State Mediation and Conciliation Service,
or a list from either entity containing more or less than seven
names, so long as the number requested is an odd number.  If after
five days of receipt of the list, the two panel members cannot agree
on which of the listed persons shall serve as chairperson, they
shall, within two days, alternately strike names from the list, with
the first panel member to strike names being determined by lot.  The
last person whose name remains on the list shall be chairperson.
   (d) Employees as defined by this chapter shall not be permitted to
engage in strikes that endanger public safety.
   (e) No employer shall interfere with, intimidate, restrain,
coerce, or discriminate against an employee organization or employee
because of an exercise of rights under this title.
   (f) No employer shall refuse to meet and confer or condition
agreement upon a memorandum of understanding based upon an employee
organization's exercise of rights under this title.




1299.5.  (a) The arbitration panel shall, within 10 days after its
establishment or any additional periods to which the parties agree,
meet with the parties or their representatives, either jointly or
separately, make inquiries and investigations, hold hearings, and
take any other action including further mediation, that the
arbitration panel deems appropriate.
   (b) For the purpose of its hearings, investigations, or inquiries,
the arbitration panel may subpoena witnesses, administer oaths, take
the testimony of any person, and issue subpoenas duces tecum to
require the production and examination of any employer's or employee
organization's records, books, or papers relating to any subject
matter before the panel.



1299.6.  (a) The arbitration panel shall direct that five days prior
to the commencement of its hearings, each of the parties shall
submit the last best offer of settlement as to each of the issues
within the scope of arbitration, as defined in this title, made in
bargaining as a proposal or counterproposal and not previously agreed
to by the parties prior to any arbitration request made pursuant to
subdivision (a) of Section 1299.4.  The arbitration panel, within 30
days after the conclusion of the hearing, or any additional period to
which the parties agree, shall separately decide on each of the
disputed issues submitted by selecting, without modification, the
last best offer that most nearly complies with the applicable factors
described in subdivision (c).  This subdivision shall be applicable
except as otherwise provided in subdivision (b).
   (b) Notwithstanding the terms of subdivision (a), the parties by
mutual agreement may elect to submit as a package the last best offer
of settlement made in bargaining as a proposal or counterproposal on
those issues within the scope of arbitration, as defined in this
title, not previously agreed to by the parties prior to any
arbitration request made pursuant to subdivision (a) of Section
1299.4.  The arbitration panel, within 30 days after the conclusion
of the hearing, or any additional period to which the parties agree,
shall decide on the disputed issues submitted by selecting, without
modification, the last best offer package that most nearly complies
with the applicable factors described in subdivision (c).
   (c) The arbitration panel, unless otherwise agreed to by the
parties, shall limit its findings to issues within the scope of
arbitration and shall base its findings, opinions, and decisions upon
those factors traditionally taken into consideration in the
determination of those matters within the scope of arbitration,
including but not limited to the following factors, as applicable:
   (1) The stipulations of the parties.
   (2) The interest and welfare of the public.
   (3) The financial condition of the employer and its ability to
meet the costs of the award.
   (4) The availability and sources of funds to defray the cost of
any changes in matters within the scope of arbitration.
   (5) Comparison of matters within the scope of arbitration of other
employees performing similar services in corresponding fire or law
enforcement employment.
   (6) The average consumer prices for goods and services, commonly
known as the Consumer Price Index.
   (7) The peculiarity of requirements of employment, including, but
not limited to, mental, physical, and educational qualifications; job
training and skills; and hazards of employment.
   (8) Changes in any of the foregoing that are traditionally taken
into consideration in the determination of matters within the scope
of arbitration.



1299.7.  (a) The arbitration panel shall mail or otherwise deliver a
copy of the decision to the parties.  However, the decision of the
arbitration panel shall not be publicly disclosed, and shall not be
binding, for a period of five days after service to the parties.
During that five-day period, the parties may meet privately, attempt
to resolve their differences and, by mutual agreement, amend or
modify the decision of the arbitration panel.
   (b) At the conclusion of the five-day period, which may be
extended by the parties, the arbitration panel's decision, as may be
amended or modified by the parties pursuant to subdivision (a), shall
be publicly disclosed and, unless the governing body acts in
accordance with subdivision (c), shall be binding on all parties,
and, if specified by the arbitration panel, be incorporated into and
made a part of any existing memorandum of understanding as defined in
Section 3505.1 of the Government Code.
   (c) The employer may by unanimous vote of all the members of the
governing body reject the decision of the arbitration panel, except
as specifically provided to the contrary in a city, county, or city
and county charter with respect to the rejection of an arbitration
award.



1299.8.  Unless otherwise provided in this title, Title 9
(commencing with Section 1280) shall be applicable to any arbitration
proceeding undertaken pursuant to this title.



1299.9.  (a) The provisions of this title shall not apply to any
employer that is a city, county, or city and county, governed by a
charter that was amended prior to January 1, 2004, to incorporate a
procedure requiring the submission of all unresolved disputes
relating to wages, hours, and other terms and conditions of
employment within the scope of arbitration to an impartial and
experienced neutral person or panel for final and binding
determination, provided however that the charter amendment is not
subsequently repealed or amended in a form that would no longer
require the submission of all unresolved disputes relating to wages,
hours, and other terms and conditions of employment within the scope
of arbitration to an impartial and experienced neutral person or
panel, for final and binding determination.
   (b) Unless otherwise agreed to by the parties, the costs of the
arbitration proceeding and the expenses of the arbitration panel,
except those of the employer representative, shall be borne by the
employee organization.