Binding Arbitration: A Powerful Tool That Protects Our Members and Our Profession

As your union president, my responsibility is simple and unwavering: to protect your rights, your livelihoods and your future. One of the most important tools we have to do that — especially in today’s challenging labor environment — is binding arbitration. With other county public safety partners, PPOA recently launched a campaign in support of a ballot initiative (saferLAcounty.com) that would enhance our leverage. I want to take a moment to explain why binding arbitration matters, how it works and why it gives our members real leverage when negotiating fair contracts.

First, let’s talk about why we need binding arbitration. Specified public safety professionals are prohibited by law from striking. That means when contract negotiations stall, our members often continue working for months — or even years — without a new agreement. During that time, the cost of living rises, workloads increase, and recruitment and retention become more difficult. Binding arbitration creates an independent, transparent and cost-effective way to resolve disputes when negotiations reach an impasse. It ensures that our voices are heard and that delays do not become a tactic used against us.

So, what is binding arbitration? Binding interest arbitration is a process used when the employer and the union cannot agree on the terms of a new contract. Instead of endless stalemates, both sides present their case to a neutral third party — an arbitrator — who reviews the evidence and issues a final decision on the disputed issues. That decision is binding, meaning it must be implemented. This creates accountability on both sides and encourages meaningful negotiations.

Who are these arbitrators? Arbitrators are typically selected from a list provided by neutral labor relations agencies, such as the California State Mediation and Conciliation Service and the California Public Employment Relations Board (PERB). They are chosen for their experience, expertise in labor relations and professional reputations. Many are attorneys, though not all. Most importantly, they are independent professionals whose role is to evaluate facts — not politics or pressure.

What issues can be arbitrated? Only “mandatory subjects of bargaining” are eligible. Under the County’s Employee Relations Ordinance, that includes wages, hours and other terms and conditions of employment. These are the core issues that affect your paychecks, your schedules, your benefits and your quality of life on the job.

How do arbitrators make their decisions? They must rely on specific factors required by arbitration law. These include the cost of living, recruitment and retention challenges, workload and productivity, and the interests and welfare of the public. Arbitrators also examine wages, hours and benefits in comparable jurisdictions, total compensation paid to employees and the employer’s financial condition and ability to pay. They may also consider other traditional factors relevant to employment conditions. This structured, evidence-based approach ensures decisions are fair, balanced and grounded in reality.

An arbitration hearing is thorough and professional. Evidence often includes statistical data, expert testimony and real-world accounts from employees about working conditions and hours. Budget experts, public safety professionals, human resources personnel and cost-of-living specialists may all testify. While the formal rules of evidence used in courts do not strictly apply, arbitrators carefully consider all relevant and reliable information.

Are arbitration decisions truly binding? Yes. Decisions are final and enforceable, with extremely limited exceptions, such as fraud or an arbitrator exceeding their authority. Overturning an arbitration decision is extraordinarily rare because professional arbitrators are meticulous in their work.

Finally, binding arbitration is not unusual or radical. It is widely used for public safety employees across California, including in cities like Anaheim, Oakland, and San Jose, and counties such as Sacramento and San Francisco. It is a proven system that works.

In short, binding arbitration levels the playing field. It gives us leverage when we cannot strike, protects us from endless delays and ensures our work is valued fairly. It is not about winning at all costs — it is about fairness, respect and securing the future our members deserve. Until next time, be safe and thank you for your commitment.