The FBOR intends to preserve a firefighter's right to binding arbitration pursuant to a collective bargaining agreement and is an exception to the rule that all administrative appeals must be heard by an ALJ. Since the union's agreement was a contractual condition to binding arbitration, and Seibert had failed to get the union's agreement, the exception was not triggered and the ALJ must hear the further administrative proceedings.Seibert v. City of San Jose (2016) 247 Cal.App.4th 1027.NOTE: The Court specifically noted that firefighters are not automatically entitled to binding arbitration of any disciplinary charge subject to the FBOR just because a firefighter's employment is governed by an MOU with a binding arbitration provision.

Although similar to the FBOR, Government Code section 3304.5 only requires the administrative appeal be conducted in conformance with rules adopted by the agency.Seibert v. City of San Jose (2016) 247 Cal.App.4th 1027.