§ 1299.4 Submission to arbitration
§ 1299.4. Submission to arbitration
(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.
VALIDITY
This section was held unconstitutional as an improper delegation of municipal functions in the decision of County of Sonoma v. Superior Court (App. 1 Dist. 2009) 93 Cal.Rptr.3d 39, 173 Cal.App.4th 322, review denied.
Stats.2000, c. 906 (S.B.402), which enacted this Title 9.5, consisting of Code of Civil Procedure §§ 1299 to 1299.9, was declared invalidly infringing on counties' constitutional rights, in County of Riverside v. Superior Court (2003) 132 Cal.Rptr.2d 713, 30 Cal.4th 278, 66 P.3d 718. Portions of Title 9.5 were subsequently amended by Stats.2003, c. 877 (S.B. 440). For legislative intent relating to the 2003 amending legislation, see Historical and Statutory Notes under Code of Civil Procedure § 1299.7.