Los Angeles Police Protective League v. City of Los Angeles

Opinion

GATES, J.

Los Angeles Police Protective League appeals from the denial of its petition to compel respondent City of Los Angeles (the City) to arbitrate a grievance based upon a claim of unfairness in a civil service promotional evaluation. Appellant contends: “I. An agreement existed to arbitrate the dispute. II. Grounds did not exist for revocation of the agreement. III. Affirmation of an agreement to arbitrate is warranted by public policy considerations.”

Officer Bernardino Herrera of the Los Angeles Police Department took a civil service examination in connection with his candidacy for promotion to the position of detective. The examination consisted of a written test and an interview. The day after the interview, Officer Herrera submitted a protest pursuant to civil service regulations

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in which he objected to having been asked during the interview whether he was a recovering alcoholic.

[513]

Officer Herrera’s protest was denied. He then filed a grievance, purportedly under the provisions of the parties’ memorandum of understanding, seeking to overturn the civil service commission’s refusal to grant him a new oral interview.

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Officer Herrera processed the grievance through the last stage prior to binding arbitration. At every level it was rejected on the ground it was not a proper matter for the grievance process.

Officer Herrera and appellant then attempted to bring the matter to arbitration. When the police department refused to participate in the selection of an arbitrator, appellant filed in superior court a petition to compel arbitration. The court heard the matter on documentary evidence, and denied the petition. This appeal followed.

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Appellant’s first contention is without merit. The City’s employee relations ordinance requires that a grievance procedure be incorporated into any memorandum of understanding and provides that such procedure shall apply to “Any dispute concerning the interpretation or application of a written memorandum of understanding or of departmental rules and regulations governing personnel practices or working conditions.” (L.A. City Admin. Code, div. 4, ch. 8, §§ 4.801, 4.865.)