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[Download] "Morton V. Superior Court Of Fresno County" by Fifth Appellate District Court of Appeal of California # Book PDF Kindle ePub Free

Morton V. Superior Court Of Fresno County

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eBook details

  • Title: Morton V. Superior Court Of Fresno County
  • Author : Fifth Appellate District Court of Appeal of California
  • Release Date : January 24, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

The City of Fresno and its chief of police, H. R. Morton, have applied for a writ of prohibition to prevent further proceedings in the lawsuit now pending in the Superior Court of Fresno County, in which real parties in interest, hereafter referred to as real parties, seek a writ of mandate and declaratory relief. Petitioners contend that the superior court lacks jurisdiction because real parties did not exhaust their administrative remedy before filing the action. Petitioners allege that real parties are city employees with a labor grievance, and that they by-passed the grievance procedure adopted by the city manager to resolve such grievances. Under this procedure, which is the crux of this lawsuit, a city employee with a complaint relating to his employment may file a written grievance with his immediate supervisor, and if not  satisfied with the decision of the supervisor, he may present the grievance to his department head. If the employee is not satisfied with the decision of the department head, he may appeal to the city manager through a grievance advisory committee consisting of five members. The grievance advisory committee must investigate the grievance, and upon completion of the investigation must file a written report with the city manager; the report must contain a statement of the facts and a recommended solution. The city manager then must render a decision.


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