×
You have 2 more free articles available this month. Subscribe today.
CA DOC Must Arbitrate Grievances with Guards
The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can't attend such negotiations, the Department agreed to allow a few of them attend. The Department later refused to allow the guards to attend such negotiations and refused to negotiate guards' grievances related to attendance at such negotiations. The guards sought to compel arbitration of the matter in state court. The court declined, and the guards appealed.
On appeal, the Court of Appeal of the State of California, First Appellate District, Div. 1 found that although section 3529 didn't allow guards to attend the negotiations, the Department had waived its right to exclude them by agreeing to allow their attendance. The Department had also obligated itself to negotiate the guards' grievances in an earlier agreement. The trial court was therefore reversed. See: California Correctional Peace Officers Assoc. v. State of California, et al., 142 Cal.App.4th 198, 47 Cal.Rptr.3d 717 (Cal.App. 1 Dist. 2006).
On appeal, the Court of Appeal of the State of California, First Appellate District, Div. 1 found that although section 3529 didn't allow guards to attend the negotiations, the Department had waived its right to exclude them by agreeing to allow their attendance. The Department had also obligated itself to negotiate the guards' grievances in an earlier agreement. The trial court was therefore reversed. See: California Correctional Peace Officers Assoc. v. State of California, et al., 142 Cal.App.4th 198, 47 Cal.Rptr.3d 717 (Cal.App. 1 Dist. 2006).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
California Correctional Peace Officers Assoc. v. State of California
| Year | 2006 |
|---|---|
| Cite | 142 Cal.App.4th 198, (Cal.App. 1 Dist. 2006) |
| Level | State Court of Appeals |
| Injunction Status | N/A |