Public employees play a key role in maintaining government operations across Los Angeles, from city workers and educators to law enforcement officers and healthcare professionals. When disputes occur between government employees and their employers, unions step in to protect workers’ rights and ensure fair treatment. Based on this, dealing with union hearings and disciplinary proceedings can be overwhelming, especially for individuals unfamiliar with state and federal employment law, government employee rights, and the legal protections available to them.
The Role of Unions in Public Employment
Public employee unions exist to negotiate fair wages, benefits, and working conditions while defending workers against unjust treatment and prohibited personnel practices. In Los Angeles, unions representing government employees operate under collective bargaining agreements (CBAs), which outline employees’ rights and procedures for resolving disputes. Key protections include:
- Grievance Procedures: Unions establish formal steps for addressing contract violations, disciplinary actions, and unfair labor practices.
- Collective Bargaining Rights: Public employees have the right to negotiate employment terms through union representation.
- Due Process Protections: Employees cannot be disciplined or terminated without just cause and must receive notice and an opportunity to contest any allegations.
Common Issues Leading to Union Hearings
Union hearings typically arise when government employees challenge actions taken by their employer. Common disputes include:
- Disciplinary Actions: Employees facing suspension, demotion, or termination may contest the decision in a union hearing.
- Contract Violations: Employers failing to uphold provisions in the CBA, such as salary increases, overtime pay, or working conditions, can be held accountable.
- Retaliation Claims: Public employees engaging in protected activities, such as whistleblowing or union organizing, may face unlawful retaliation from their employer.
- Discrimination & Harassment: Employees subjected to workplace discrimination or harassment can use union hearings to seek justice.
👉Also Read: Blowing the Whistle on Public Fund Misuse: How to Expose Financial Misconduct and Protect Your Career
The Union Hearing Process
1. Filing a Grievance
Government employees have legal rights in union hearings. The first step in challenging an employment dispute is filing a grievance through the union. Employees should:
- Review their CBA to determine if a violation has occurred.
- Document incidents, including dates, communications, and witness statements.
- Submit a written complaint to their union representative.
2. Informal Resolution Attempts
Before proceeding to a formal hearing, unions may attempt to resolve disputes through mediation or direct negotiations with the employer. If a satisfactory resolution cannot be reached, the grievance moves to arbitration or a formal hearing.
3. Preparing for the Hearing
Employees should prepare thoroughly by:
- Gathering Evidence: Collect relevant documents, performance reviews, emails, and witness testimonies.
- Understanding Legal Protections: California labor laws and federal statutes, such as the National Labor Relations Act (NLRA), provide safeguards against wrongful termination and unfair labor practices.
- Securing Legal Representation: While unions provide support, hiring an experienced employment attorney can strengthen an employee’s case and improve the likelihood of a favorable outcome.
4. The Hearing Process
During the hearing, the employee (or their public or private attorney) presents evidence, questions witnesses, and argues why the disciplinary action or contract violation should be overturned. The employer also provides its case, after which a neutral arbitrator or hearing officer evaluates the evidence and issues a decision.
5. Common Outcomes of Union Hearings
Possible outcomes of a union hearing include:
- Reinstatement: If an employee was wrongfully terminated, they may be reinstated with full benefits.
- Back Pay & Compensation: Employees may recover lost wages, benefits, or damages for wrongful disciplinary actions.
- Disciplinary Reduction: Penalties such as suspensions or demotions may be lessened or removed.
- Appeal Options: If the ruling is unfavorable, employees can pursue further appeals through state labor boards or the court system.
👉Also Read: Steps to Take After Experiencing Wrongful Termination: Legal Advice and Next Steps
Skelly Hearings: A Critical Step in Public Employee Discipline
For public employees in California, including those in Los Angeles, a Skelly Hearing is a fundamental due process right when facing serious disciplinary action such as suspension, demotion, or termination. This hearing ensures that employees receive a fair chance to respond before the final decision is made.
What is a Skelly Hearing?
A Skelly Hearing is a pre-disciplinary hearing required by California law for public employees who face adverse employment actions. It derives from the case Skelly v. State Personnel Board (1975), which established that government employees must be given:
- Advance Notice: A written statement detailing the allegations and proposed disciplinary action.
- Access to Evidence: The right to review supporting documents and reports used against them.
- Opportunity to Respond: The ability to present their side of the story before a neutral decision-maker.
How the Skelly Hearing Process Works
- Notification of Discipline
- The employee receives a Skelly Notice, outlining the charges, evidence, and proposed discipline.
- Requesting a Skelly Hearing
- Employees must formally request a hearing within the timeframe specified in the notice.
- Review of Evidence
- The employee and their attorney can examine documents, witness statements, and investigative reports.
- Presenting a Defense
- During the hearing, the employee (or their lawyer) can challenge the allegations, provide counter-evidence, and call witnesses.
- Decision by the Skelly Officer
- A neutral Skelly Officer reviews the case and determines whether the proposed discipline is justified, excessive, or should be modified.
Legal Protections for Public Employees in California
California’s Public Employment Relations Board (PERB)
PERB oversees labor relations for public employees, ensuring that government employers comply with state labor laws. Employees facing retaliation, unfair treatment, or violation of merit system principles can file complaints with PERB for further investigation.
Whistleblower Protections
California law protects public employees and union members who report unlawful activities, such as fraud or workplace safety violations. If an employee is fired or disciplined after whistleblowing, they can file a retaliation claim and seek damages.
Federal Laws Protecting Public Employees
- National Labor Relations Act (NLRA): The National Labor Relations Board protects employees’ rights to unionize and engage in collective bargaining.
- Civil Service Reform Act (CSRA): Federal agencies protect due process rights for federal employees facing disciplinary actions.
- Title VII of the Civil Rights Act: Protects against workplace discrimination based on race, gender, religion, or national origin.
How Hershey Law Can Help Public Employees
At Hershey Law, we recognize the unique challenges that public employees face in government workplaces, including disciplinary disputes, dismissals that may be considered wrongful termination, and contract violations. Our legal team is committed to ensuring that government employees in Los Angeles receive fair treatment and due process under state and federal laws. We provide strategic legal representation and advocacy to help public sector workers protect their careers, financial security, and professional reputations.
Legal Consultation and Case Evaluation
Government employees are often subject to complex rules and regulations regarding disciplinary actions, contract disputes, and employment rights. Our employment attorneys conduct in-depth case evaluations to determine whether an employer’s actions were unlawful and advise employees on the legal strategies to challenge unfair treatment. We assess whether disciplinary measures were justified, whether proper procedures were followed and whether employees’ rights under labor laws or collective bargaining agreements (CBAs) were violated.
Union and CBA Advocacy
Unions and collective bargaining agreements serve as critical protections for public employees, but disputes often arise over how these agreements are interpreted and enforced. Our firm works closely with unions to ensure that employees’ rights are upheld. Whether challenging wrongful disciplinary actions, negotiating severance agreements, or enforcing the terms of a labor contract, we advocate for public employees in grievances, arbitration proceedings, and negotiations with government employers.
Wrongful Termination in Government Jobs
If the removal of a public employee constitutes wrongful termination, they may be entitled to reinstatement, lost wages, and additional damages. Our employment attorneys examine whether the termination violated California labor laws, federal protections, or union agreements. We aggressively challenge wrongful dismissals caused by discriminatory motives, retaliation, or breaches of employment contracts. Hershey Law fights to hold government employers accountable and secure justice for wrongfully terminated employees.
👉Also Read: The Benefits of Hiring a Lawyer for Wrongful Termination
Retaliation and Discrimination Protection
Public employees are legally protected from retaliation and workplace discrimination. If an employee was fired, demoted, or otherwise penalized for engaging in legally protected activities—such as reporting illegal conduct, filing a complaint, or participating in union activities—we take swift legal action. We help employees file complaints with the appropriate government agencies, pursue litigation when necessary, and seek compensation for damages caused by employer retaliation or discrimination.
👉Also Read: 5 Key Indicators that Your Retaliation Case is Strong and How Hershey Law Can Help
Representation in Union Hearings and Appeals
Going through the union grievance process and disciplinary hearings can be overwhelming without experienced legal counsel. Hershey Law represents public employees in formal hearings, arbitration, and appeals, ensuring that they have a strong legal defense against unfounded allegations or unfair disciplinary actions. Our employment law attorneys meticulously prepare cases by gathering evidence, questioning witnesses, and presenting compelling arguments to protect employees’ rights and professional standing.
At Hershey Law, we are dedicated to providing public employees with the legal support and advocacy they need to fight back against unjust employment actions. If you’re facing disciplinary proceedings, wrongful termination, or retaliation in a government workplace, contact us today for a consultation. Let us help you protect your career and obtain the justice and compensation you need.
