As used in this title:
§ 1299.3.Definitions
Title 9.5. Arbitration of Firefighter and Law Enforcement Officer Labor Disputes · Last amended 2003 · Last verified July 29, 2026
In one sentenceSection 1299.3 defines the title's key terms, including employee, employee organization, employer, firefighter, law enforcement officer, local agency, and scope of arbitration, which is limited to economic issues and excludes matters protected by the management rights clause unless a non-exempt employer broadens it by ordinance.
Full Text of § 1299.3
(a) "Employee" means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b).
(b) "Employee organization" means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration.
(c) "Employer" means any local agency employing employees, as defined in subdivision (a), or any entity, except the State of California, acting as an agent of any local agency, either directly or indirectly.
(d) "Firefighter" means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person.
(e) "Law enforcement officer" means any person who is a peace officer, as defined in Section 830.1 of, subdivisions (b) and (d) of Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32 of, subdivisions (a), (b), and (d) of Section 830.33 of, subdivisions (a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5 of, and subdivision (a) of Section 830.55 of, the Penal Code, without respect to the rank, job title, or job assignment of that person.
(f) "Local agency" means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not.
(g) "Scope of arbitration" means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. The scope of arbitration shall not include any issue that is protected by what is commonly referred to as the "management rights" clause contained in Section 3504 of the Government Code. Notwithstanding the foregoing, any employer that is not exempt under Section 1299.9 may supersede this subdivision by adoption of an ordinance that establishes a broader definition of "scope of arbitration."
Plain-English Summary
A title built around a specialized labor procedure needs its own vocabulary, and this section supplies it. An employee is a firefighter or law enforcement officer represented by an employee organization, and an employer is any local agency, broadly defined to reach cities, counties, districts, and other public and quasi-public bodies, along with certain entities acting as a local agency's agent.
Firefighter and law enforcement officer are defined by the work performed, not by rank or title -- firefighting, fire prevention, hazardous materials response, and emergency medical work on one side; peace officer status under specific Penal Code categories on the other. The most consequential definition is scope of arbitration, which limits what the arbitration panel can decide. It covers economic issues like salary, wages, overtime, benefits, and leave, but it excludes anything protected by the Government Code's management rights clause. An employer not exempt under Section 1299.9 can expand that scope by adopting its own ordinance defining it more broadly.
Frequently Asked Questions
What counts as an economic issue within the scope of arbitration?
Salaries, wages, overtime, health and pension benefits, vacation and leave, reimbursements, incentives, differentials, and other forms of remuneration.
Are management decisions protected from arbitration under this title?
Yes. The scope of arbitration excludes any issue protected by the management rights clause in the Government Code.
Can an employer expand what issues go to arbitration?
An employer that is not exempt under Section 1299.9 may adopt an ordinance establishing a broader definition of the scope of arbitration.
Does the definition of law enforcement officer depend on rank or job title?
No. It turns on whether the person qualifies as a peace officer under the specific Penal Code provisions this section cites, regardless of rank, title, or assignment.
Amendment History
Amended by Stats 2002 ch 664 (AB 3034),s 52, eff. 1/1/2003. Added by Stats 2000 ch 906 (SB 402), s 2, eff. 1/1/2001.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: scope of arbitration definition firefighter labordefinitions firefighter police arbitration title