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Disciplinary grievance cannot bypass Personnel Board
December 01, 2005 by Ross Runkel at LawMemo

The California Supreme Court unanimously ruled today that collectively-bargained, legislatively-approved agreements for grievance-and-arbitration that would bypass the state's Personnel Board violated the California constitution. State Personnel Board v. Dept of Personnel Administration (California 12/01/2005).

In the court's words:

The memoranda of understanding (MOU’s) of four state employee bargaining units allow covered employees to challenge disciplinary actions either by seeking review before the State Personnel Board or by pursuing an alternative grievance/arbitration procedure that bypasses the State Personnel Board. The Legislature ratified the grievance/arbitration procedures set forth in the four MOU’s by enacting implementing legislation. (See Gov. Code, § 18670, subds. (c), (d) & (e); further undesignated statutory references are to the Government Code.)

Does this bypass of the State Personnel Board violate article VII, section 3 of the California Constitution, which provides that the State Personnel Board “shall . . . review disciplinary actions” taken against state civil service employees? (Cal. Const., art. VII, § 3, subd. (a).) We conclude that it does.

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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.

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