(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.
§ 1299.4.Submission of Differences to Arbitration Panel
Title 9.5. Arbitration of Firefighter and Law Enforcement Officer Labor Disputes · Enacted 2000 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1299.4 lets an employee organization request an arbitration panel after mediation fails, sets deadlines and a strike-selection method for choosing a neutral chairperson, bars endangering strikes, and prohibits employer interference or retaliation for exercising rights under this title.
Full Text of § 1299.4
(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.
Plain-English Summary
Once bargaining reaches an impasse and mediation cannot break it, this section supplies the mechanism for moving to arbitration. The employee organization can request, in writing, that the parties' remaining differences go to an arbitration panel.
Building that panel runs on a tight schedule. Each side names its own panel member within three days of the request, and those two members have five more days to agree on a neutral chairperson experienced in labor and management disputes. If they cannot agree, they jointly request a list of names -- typically seven, though any odd number will do -- from the American Arbitration Association or the California State Mediation and Conciliation Service, then alternately strike names from the list, with the first strike decided by lot, until only one name remains. Alongside that selection process, the section sets ground rules for everyone involved: employees cannot strike in a way that endangers public safety, and an employer cannot interfere with, intimidate, or discriminate against an employee organization or employee for exercising rights under this title, or refuse to meet and confer or condition an agreement on giving up those rights.
Frequently Asked Questions
How does a dispute move from mediation to arbitration under this title?
The employee organization requests arbitration in writing once an impasse is declared and mediation efforts have failed to produce a settlement.
How is the arbitration panel's chairperson chosen?
The two party-appointed panel members try to agree on a neutral chairperson; if they cannot, they request a list of candidates from the American Arbitration Association or the California State Mediation and Conciliation Service and alternately strike names until one remains.
Can employees strike while this arbitration process is used?
No. Section 1299.4 bars employees from engaging in strikes that endanger public safety.
Can an employer punish an employee organization for using this arbitration process?
No. The employer may not interfere with, intimidate, restrain, coerce, or discriminate against an employee organization or employee for exercising rights under this title.
Amendment History
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: arbitration panel selection firefighter labor disputehow to request interest arbitration police fire