Phillips

Plaintiff Tracy Phillips (Phillips) appeals from the trial court’s denial of a writ of mandate by which he sought to compel the State Personnel Board to accept jurisdiction over the matter of Phillips v. California State University at Fresno or in the alternative require the California State University at Fresno (University) to reinstate him to his former position as a carpenter with permanent status.

He asserts his termination pursuant to an automatic resignation provision in his collective bargaining agreement was invalid as he never admitted he was absent without leave, that he had in fact advised his supervisor of his need for leave for medical treatment and that under these circumstances the University could not reasonably have believed he intended to abandon his job. Moreover, that the union was not empowered to bargain away his due process rights to a pre- and posttermination hearing. The relief sought in this court is reinstatement to his position with University or a hearing before the State Personnel Board and backpay. Backpay was not sought in the trial court and will not be considered by this court. We do conclude, however, that, for reasons stated therein,…