Wednesday, July 16, 2025

Major Victory for the Los Angeles City Attorneys Association: Court Upholds Right to Arbitrate

    On July 8, 2025, the Los Angeles City Attorneys Association (LACAA) achieved a significant legal triumph in the Superior Court of California, County of Los Angeles, in the case of Los Angeles City Attorneys Association, et al. vs. City of Los Angeles, et al. (Case No. 24STCP03479). The court granted LACAA’s petition to compel arbitration, affirming the right of our members to utilize the grievance and arbitration procedures outlined in the Memorandum of Understanding (MOU) to address workplace disputes, including allegations of discrimination. This ruling, obtained by Steven Welch of Mastagni Holstedt, APC, affirms LACAA’s commitment to protecting the rights of Deputy City Attorneys and ensuring fair treatment in the workplace.

The Case: Jacquelyn Lawson’s Grievance

    The case centered on LACAA member Jacquelyn Lawson, a Deputy City Attorney over 40 years old, who initiated a grievance under Article 21 of MOU #29, alleging age-based discrimination in violation of Article 3, the MOU’s non-discrimination provision. Lawson claimed that on April 30, 2024, her supervisor inquired about her retirement plans, a comment she viewed as part of a pattern of age bias that led to her being passed over for deserved promotions. When the grievance was not resolved through the initial steps of the MOU’s four-step process, LACAA and Lawson petitioned to compel binding arbitration, as provided for in Article 21. The City of Los Angeles and the Los Angeles City Attorney’s Office (collectively, “the City”) opposed the petition, seeking to severely limit the scope of grievances that LACAA members could pursue under MOU #29.

The City’s Opposition: A Threat to Grievance Rights

    The City’s opposition was a broad attempt to curtail the grievance and arbitration rights guaranteed to LACAA members. They argued that only a very limited set of issues, such as disputes over sick pay or holiday pay, are subject to the grievance and arbitration procedures under Article 21, asserting that Lawson’s discrimination-based grievance fell outside this scope. Additionally, the City contended that the grievance was both substantively and procedurally non-arbitrable, claiming that Article 3’s non-discrimination policy does not create an arbitrable right and that the grievance was untimely, particularly regarding incidents predating the MOU’s effective date of January 1, 2024. The City further argued that discrimination allegations should be handled through their “MyVoiceLA” procedure, not the MOU’s grievance process. They also claimed that arbitrating Lawson’s grievance would infringe on their discretionary authority to make workplace decisions, violating public policy and potentially leading to “absurd results” where any workplace comment could trigger arbitration. Finally, the City downplayed the April 30, 2024, incident, suggesting that a single remark about retirement could not justify an arbitrable grievance.

The Court’s Ruling: A Resounding Win for LACAA

    Presided over by Judge Michael Small, the Superior Court rejected the City’s arguments and granted LACAA’s petition. The court held that Article 3’s non-discrimination policies can form the basis of a grievance under Article 21, as the provision explicitly prohibits discrimination based on protected characteristics, including age. Lawson’s allegations of age bias clearly fall within this framework. The court rejected the City’s attempt to limit grievances to minor administrative issues. The court also found no basis in the MOU for the City’s claim that discrimination grievances must be channeled through MyVoiceLA, ensuring that LACAA members can pursue such claims through arbitration. Additionally, the court clarified that Lawson’s grievance concerns the broader implications of alleged age discrimination, not just a single remark, rebuffing the City’s attempt to trivialize the issue. The court dismissed the City’s public policy argument as overly broad, noting that it would effectively render all grievances non-arbitrable, and declined to address procedural objections about timeliness, leaving such disputes for arbitration. The case was stayed pending binding arbitration, with a status conference scheduled for July 9, 2026.

Long-term Implication of this Victory

    This ruling is a landmark win for LACAA and its members, preserving a critical mechanism for Deputy City Attorneys to address workplace injustices, including discrimination. Over the last several years, the City had engaged in a pattern of contesting the arbitrability or various grievances involving a variety of issues, including appeals of discipline. The City’s attempt to confine arbitrable grievances to narrow issues like pay or benefits was a direct threat to the protections LACAA has fought to secure. Had the City prevailed, it would have undermined the MOU’s grievance process, leaving members with limited recourse for serious workplace issues.

    Through the dedicated efforts of LACAA and Mastagni Holstedt, APC, this ruling prevents the City of Los Angels from unilaterally limiting the scope of LACAA’s collective bargaining agreement. It affirms that Article 3’s non-discrimination protections are enforceable rights, not mere platitudes, and that allegations of discrimination will be addressed through the fair, impartial process outlined in the MOU.

Los AngelesCity Attorneys Association