EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards
Single Topic for Decision 2408H
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400.01000 – In General; Standards
Failure by CSU to implement faculty hearing committee’s final and binding recommendation for a dean to issue a letter of apology to charging party as a resolution of a grievance harms charging party’s right to receive the remedy he was afforded pursuant to the grievance process. Five-month delay in CSU’s performing audit ordered by a faculty hearing committee’s final and binding recommendation as a resolution of a grievance was justified by the insufficient number of auditors facing multiple simultaneous audit requests and charging party’s failure to show that he was harmed by the delay. Charging party fails to demonstrate a prima facie case that slight harm was caused to his grievance rights, because CSU’s acceptance of the faculty hearing committee’s recommended decision to modify the university and college office hours policy was limited to the committee’s recommended decision itself. CSU produced more than an adequate business justification to support decision to have law enforcement present during grievance hearings and overcame any slight harm to charging party’s grievance rights, including its zero tolerance for violence policy, charging party’s previous threatening behavior, his suspension and termination therefore, charging party’s refusal to come to the CSU police station prior to the next grievance hearing, and charging party’s announcement that he would take some type of unspecified action if he saw police present. Liu has not demonstrated any harm that he was denied his grievance rights when CSU refused to convert a “contractual procedure” grievance to a “statutory procedure” grievance, as the parties did not stipulate to the change of the character of the grievance, and the governing CBA does not authorize such a change.