One of those grounds is that ALADS should have first pursued the 2 claims in its fourth, fifth, and eighth causes of action alleging violations of the Meyers-Milias-Brown Act (MMBA Gov.
#La county ercom trial
The County raised a number of other grounds in support of its demurrer and argues those grounds again on appeal as alternative grounds to affirm the trial court’s ruling. The trial court ruled only on the exhaustion issue.
The inadequacy of available administrative procedures is a wellestablished exception to the rule that a party must exhaust administrative remedies before seeking judicial relief. Because those procedures would require each of the thousands of individual ALADS members to pursue a grievance through arbitration to obtain the relief that ALADS seeks in this lawsuit, they are not adequate. On the other hand, the grievance procedures under the MOU are only available to individual employees and are not binding on any other parties. Thus, the issues that ALADS raises in this action and the relief that it seeks apply to all its members. Those provisions required the County to match compensation increases given to other County safety employee unions.
ALADS’s complaint alleges that the County failed to comply with compensation provisions described in a November 2015 memorandum of understanding between ALADS and the County (the MOU). The trial court sustained the County’s demurrer on the sole ground that ALADS failed to exhaust the administrative remedies available under the labor agreement before filing suit. ALADS sued respondent County of Los Angeles (County) concerning the County’s alleged breach of a labor agreement. _ The Association for Los Angeles Deputy Sheriffs (ALADS) appeals from a judgment following the trial court’s ruling sustaining a demurrer to ALADS’s complaint without leave to amend. Miller Barondess, Mira Hashmall and Emily A. Reversed in part, affirmed in part on alternative grounds, and remanded with directions. APPEAL from a judgment of the Superior Court of Los Angeles County. COUNTY OF LOS ANGELES, Defendant and Respondent. The court also held that if ALADS elects to pursue its fourth, fifth, and eighth causes of action, it must first pursue those claims with the Los Angeles County Employee Relations Commission (ERCOM) ALADS's claims for declaratory relief in its seventh, ninth, and tenth causes of action were moot ALADS may amend its third cause of action to join parties necessary to seek a writ of mandate ALADS's second cause of action for breach of contract stated a claim and ALADS's eleventh cause of action for breach of the covenant of good faith and fair dealing asserted a claim.įiled 12/2/19 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS, Plaintiff and Appellant, B289597 (Los Angeles County Super.
The court held that, although ALADS was not exempt from the exhaustion requirement merely because it filed this action in its own name, the inadequacy exception to the exhaustion doctrine applied in this case because the individual remedies under the memorandum of understanding (MOU) were inadequate. The Court of Appeal reversed the trail court's decision sustaining the demurrer on the ground that ALADS failed to exhaust the administrative remedies available under the labor agreement before filing suit. In this case, ALADs filed suit against the county over the county's alleged breach of a labor agreement. ALADS appealed the trial court's decision sustaining a demurrer to ALADS's complaint without leave to amend.