A firefighter sued his city employer in the California Superior Court. He alleged retaliation in the form of disproportionate discipline for his alleged advocacy on behalf of the firefighters’ union. He also alleged non-specific violations of the Firefighters Procedural Bill of Rights (FBOR).
LCW demurred to all causes of action in the complaint on the grounds that the firefighter’s claims amounted to a labor dispute that fell under the exclusive jurisdiction of the Public Employment Relations Board (PERB). The firefighter argued that the alleged retaliation was unrelated to union activities. LCW countered that the firefighter’s claims—that the city retaliated against him for his participation in protected union activities, and that all whistleblower activities that the firefighter pursued—were performed through the union or while advocating on behalf of the union.
The Court agreed with LCW that the firefighter’s union activity was central to his claims, sustained the city’s demurrer without leave to amend, and dismissed the case.