(a) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter that was amended prior to January 1, 2004, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel for final and binding determination, provided however that the charter amendment is not subsequently repealed or amended in a form that would no longer require the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel, for final and binding determination.
§ 1299.9.Inapplicability to City, County Or City and County With Charter Provisions For Procedure For Resolving Disputes
Title 9.5. Arbitration of Firefighter and Law Enforcement Officer Labor Disputes · Last amended 2004 · Last verified July 29, 2026
In one sentenceSection 1299.9 exempts a charter city, county, or city and county whose charter was amended before January 1, 2004 to require binding neutral arbitration of unresolved economic disputes, and places arbitration costs on the employee organization absent agreement otherwise.
Full Text of § 1299.9
(b) Unless otherwise agreed to by the parties, the costs of the arbitration proceeding and the expenses of the arbitration panel, except those of the employer representative, shall be borne by the employee organization.
Plain-English Summary
Some charter governments had already built their own binding arbitration procedure for labor disputes before this title existed, and this section leaves that arrangement alone. An employer that is a city, county, or city and county is exempt from this title if its charter was amended before January 1, 2004 to require submitting unresolved economic disputes to a neutral person or panel for a final, binding decision -- as long as that charter provision has not since been repealed or narrowed so that it no longer requires that kind of binding resolution.
For everyone this title does cover, the section also settles who pays for the process. Unless the parties agree otherwise, the employee organization bears the costs of the arbitration proceeding and the panel's expenses, though not the cost of the employer's own representative on the panel.
Frequently Asked Questions
Which charter employers are exempt from this title?
A city, county, or city and county whose charter was amended before January 1, 2004 to require binding neutral arbitration of unresolved economic disputes, so long as that charter provision remains in force.
What happens if the qualifying charter provision is later repealed or weakened?
The exemption no longer applies once the charter no longer requires submitting unresolved disputes to binding neutral arbitration.
Who pays for the arbitration proceeding under this title?
Unless the parties agree otherwise, the employee organization bears the costs of the proceeding and the panel's expenses, except for the employer's own representative's costs.
Amendment History
Amended by Stats 2003 ch 877 (SB 440),s 2, eff. 1/1/2004. 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: charter city exemption firefighter arbitrationwho pays for interest arbitration costs