Legal Question in Employment Law in California
Can I still have Skelly Hearing?
Background:
* got 1 day suspension
* didn't have reasonable amount of time for pre-disciplinary hearing (only given 1 work day)
* didn't show me "copy of the charges and materials on which the action is based"
After disciplinary action, we request for post-Skelly hearing, after 1 month, management denied it because inside our memorandum of understanding (MOU):
"A Warning and One-Day Suspension may not be grieved or appealed."
May question is that:
Is Skelly Hearing part of appeal or grievance?
Can I still have Skelly Hearing?
Will that "A Warning and One-Day Suspension may not be grieved or appealed." take away my Skelly right?
1 Answer from Attorneys
Hard to say without knowing what bargaining unit you are in, and what the MOU says. Ask your union rep.
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