San Mateo Cty. Fire Fighters v. South Cty. Fire Protection Auth

Filed 4/18/06 San Mateo Cty. Fire Fighters v. South Cty. Fire Protection Auth. CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

San Mateo County Fire Fighters, Local 2400, International Association of Fire Fighters (Association) appeals the trial court's orders vacating a private arbitration award in favor of the Association and confirming a subsequent arbitration award in favor of the South County Fire Protection Authority (Authority). We conclude the superior court erred in vacating the award in favor of the Association, reverse and remand with instructions.

FACTUAL AND PROCEDURAL BACKGROUND

An old idiom provides that idle hands are the devil's tools, and the facts of this case show what can happen when he takes them to the workplace. In November 2000, several firefighters were idling in the dayroom at the firehouse. Twenty-year veteran Captain Ronald Doss walked up behind firefighter Gregory Nave, who was sitting in a recliner. Another firefighter said to Doss: â€