Arbitration

* Municipal Court Judge Richard G. Berry wisely suggests in his letter (Nov. 16) that the strike by the Los Angeles County court clerks should have been submitted to binding arbitration. Judge Berry also speculates that the county would not have accepted such a proposal and wonders why.

One reason should be fairly obvious: Binding interest arbitration (the resolution of disputes over the terms of a new collective bargaining agreement by a neutral third party) is generally illegal in California cities and counties. Negotiations between all California cities, counties (including the courts) and special districts and unions representing the employees of those agencies are governed by the Meyers-Milias-Brown Act. MMB does not provide for binding interest arbitration or any other meaningful dispute resolution process. Moreover, California courts have held that interest disputes in such agencies may not be submitted to binding interest arbitration unless the city’s charter has been specifically amended to provide for such a dispute resolution process.

That’s too bad. Properly designed binding interest arbitration procedures have been very successful in other states.

R. DOUGLAS COLLINS

Arbitrator, West Hills